Immigration Bill
Lord Roberts of Llandudno Excerpts(8 years, 9 months ago)
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Lord Rosser
I will be relatively brief, since the case for the amendment has already been made. My name is attached to the amendment, which we will vote for if the noble Lord, Lord Alton of Liverpool, having heard the Government’s response, decides to test the opinion of the House. Its effect, as has been said, is to give all asylum seekers who have been waiting for more than six months for a decision on their asylum application the right to work on the same basis as a person recognised as a refugee.
According to the latest immigration statistics, I think for the period from September to December last year, some 3,500 applications had been without an initial decision for longer than six months. Currently, only asylum seekers who have been awaiting a decision for more than 12 months can apply to the Home Office for permission to work in national shortage occupations.
I would add only that the Government said in Committee that they had met their commitment to decide straightforward asylum claims lodged before April 2014 by 31 March 2015, and that they would decide all straightforward claims lodged from 1 April 2014 within six months. They went on to say that about 85% of cases were straightforward and that that meant that the vast majority of asylum claims were decided quickly. They also said that delays that had happened before had been brought under control.
Since the Government have said that the situation has changed for the better to a quite considerable degree in the time taken to deal with asylum claims and that previous delays have been brought under control, I hope that the Minister will be able to give a helpful response when he comes to reply. However, if the amendment is put to a vote and has the backing of the House, it will also provide the other place with the opportunity to reconsider this issue in the light of the changed situation in dealing with claims, under which the vast majority of asylum claims are now being decided quickly.
Lord Roberts of Llandudno (LD)
My Lords, I am grateful to the noble Lords, Lord Rosser and Lord Alton, and my noble friend Lady Hamwee. I see this whole issue as one with far wider implications than just allowing asylum seekers to work. Sometimes I get quite depressed thinking about the legacy we will hand over to our children and grandchildren. Is it a legacy where every hope has been withdrawn, or one in which there is hope even though there are difficulties?
I see this as an opportunity to extend some hope to people who are here often in desperate circumstances. It has already been mentioned that trying to exist on £36 a week is not easy. People who want to work, to contribute to the taxation of the UK, and to support their families, or who have skills that they would love to develop and extend, are people we should encourage. When the time comes—I hope we will test the feeling of the House—I ask the House to say, “Yes, we’re going to provide a beacon of hope. We’re not going to lift another drawbridge or make it more difficult”. We know that it is difficult, but I think, and I am not often a pessimist, that, in the years to come, the problems of the present day—migration, destitution, poverty and everything else—will be increased. This is our chance as a House to say that we are trying to help people and somehow provide a legacy that has at least some hope attached to it. It gives me terrific pleasure to support the amendment in the name of the noble Lord, Lord Alton.
Lord Brown of Eaton-under-Heywood
My Lords, once again there is a balance to be struck here. On one side is the disadvantage of permitting asylum seekers to work after six months. Contrary to what the noble Lord, Lord Alton, suggested, it seems inevitable that some aspiring immigrants, at least, would be encouraged by such a provision to apply for asylum and, perhaps, to prolong the process by making what they then assert to be a fresh claim. On the other side are the benefits of enabling self-support, not to mention self-respect, by allowing this work after six months—indeed, all the various benefits so eloquently outlined already in this short debate by the noble Lords, Lord Alton and Lord Rosser, and the noble Baroness, Lady Hamwee.
Here, contrary to the view I expressed on the previous issue, the balance seems to fall in favour of the amendment. Furthermore, if, as I hope, one consequence of passing the amendment were the further speeding up of the decision-making process, that would be a most welcome additional benefit. Accordingly, in this instance I respectfully support the amendment.
Immigration: Harmondsworth
Lord Roberts of Llandudno Excerpts(8 years, 9 months ago)
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Lord Roberts of Llandudno
To ask Her Majesty’s Government, in the light of the publication on 1 March of the Chief Inspector of Prisons’ Report on an unannounced inspection of Heathrow Immigration Removal Centre: Harmondsworth site, what action they are taking to rectify the situation.
The Minister of State, Home Office (Lord Bates) (Con)
My Lords, the Government take the welfare of detainees extremely seriously. We have independent inspections and publish service improvement plans. We will closely monitor progress towards implementing the recommendations, and have recently announced a strategic response to Stephen Shaw’s report to provide greater protection for vulnerable refugees.
Lord Roberts of Llandudno (LD)
The unannounced inspection of Harmondsworth must cause us all tremendous disquiet, as it did the inspectors. What steps are the Government taking to rectify the dirty, overcrowded and poorly ventilated residential units, unsanitary toilets and showers, and disregard of mental health issues? Will the criticism that many of the 661 detainees in what is Europe’s largest immigration detention centre were held for an unreasonably long time—one for five years, 18 others for over one year—prompt the Government to end the indefinite detention of immigration detainees?
Lord Bates
The report by the inspectorate was very serious and disappointing. Stephen Shaw made 58 recommendations, 50 of which were accepted immediately. James Brokenshire set out in a Written Ministerial Statement on 14 January the Government’s plans to deal with that, and already we have posted a service improvement plan—what we are going to do to address the very points mentioned in the report of Her Majesty’s Chief Inspector of Prisons. We will continue to monitor that progress.
Calais: Child Refugees
Lord Roberts of Llandudno Excerpts(8 years, 9 months ago)
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Lord Bates
The family ties are tightly defined; I suppose that they are there to avoid any potential risk of wider, extended family being brought in under humanitarian protection. They are defined as siblings or a parent and it is preferable that the children are reunited with the parent, wherever that parent is. That is one argument where the UNHCR has certainly made a strong case for ensuring that children are reunited—and stay—with their families in the region, rather than undertaking the perilous journeys which bring them to Calais.
Lord Roberts of Llandudno (LD)
My Lords, does the Minister realise exactly how urgent the situation is? In a census last week, there were 5,497 residents in Calais, of whom 651 were children and 423 were unaccompanied children. France has of course started to clear the southern section of the camp of its 3,455 residents and will then begin on the north section, which has 2,042. What is to happen to these children when the French have cleared it? Will there be any humanitarian extension by the United Kingdom Government? The Minister might listen to just one suggestion. The Government have promised to bring in 20,000 refugees over four years. We will be coming to the end of the first year in May, which means that we should have accepted 5,000 refugees by then. Can he please tell me exactly how many have been accepted?
Lord Bates
Under the Syrian vulnerable persons’ resettlement scheme, we set out to say that there would be 1,000 before Christmas. That figure is now 1,200. I am sure it will also be of interest—in particular to the noble Lord, who has always spoken up about the protection of children and will welcome this fact—that half of those 1,200 are children.
Immigration Bill
Lord Roberts of Llandudno Excerpts(8 years, 10 months ago)
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Lord Roberts of Llandudno (LD)
It gives me the greatest pleasure to support the amendment in the name of the noble Lord, Lord Dubs. Sometimes a situation will sweep through a country and bring compassion and tears to so many people. This is the case especially after the last weekend, when we saw the continuing destruction of Aleppo, with scores of thousands of people crowding on the border between Syria and Turkey. They will somehow move from there. They will join that trek, like hundreds of thousands before them, to some sort of hope. Many of them will be children.
I know that in Wales we sometimes have very sad cases where a child has been abducted or put in some danger and people say, “We’ve got to do something to save this child”. Whole communities will rally round to save that child, and so we should. Except it is not one child, but scores of thousands of children. But if we will do it for one child, so we should be prepared to embrace the children that are there—we cannot see the one child because of the hordes of other children. It is a matter of individuals, of little toddlers. I have seven grandchildren myself. They are usually fairly well behaved—not always—but you would defend them and speak for them. You would do anything. You would rather be hurt yourself than they be hurt.
We now have a situation with many unaccompanied children. I think of the parable of the good Samaritan. I should not bring my Sunday sermon here, but in that parable we remember that a traveller on the road—I am not preaching—from Jerusalem to Jericho fell among thieves. There he was, left at the side of the road. He had been robbed of everything. Two temple officers came by and said, “We’d better not touch him. We could be contaminated if he is dead”. They kept on talking. I imagine that they would have met in Jericho and one would have turned to the other and said, “You know, it’s a dangerous situation on that road from Jerusalem to Jericho. Let’s set up a committee to safeguard these people who travel along that road”. Now, we want committees; of course we do. What would we do without them? The House of Lords would be abolished tomorrow if we abolished committees. But that person was still at the side of that road until a Samaritan came who cared for him, took him to the inn and made sure that he was on the way to being well again.
We have a tragic situation from Syria to Calais and Dunkirk, but we need people who will not first go to a committee, but say, “Something needs to be done. We have to act now”. I mentioned yesterday in Questions our debt to the thousands of young people in particular who are in the camps and on some of the Greek islands and sacrificing so much to be there. We owe them a tremendous debt. It is the Red Cross, Calais Action, the Refugee Council and Save the Children—they are there. These are the people with their hands to the wheel in those places.
What are we going to do? If we say that the UK will do no more, where will those children go? Possibly they are asking on the Turkish/Syrian border now, “Where do we go?”. They get to Calais or Dunkirk and they say, “Where do we go?”. Are we going to pull up the drawbridge and say, “You can’t come here?”. If we do, we condemn these children not only in the present time. If they live through the present time to a childhood scarred with memories it will not be to the well-being of the rest of us. Action needs to be taken for the tens of thousands of children as if it was for just one child, for just one of my seven grandchildren.
It is a big undertaking, of course it is, but Canada has taken 25,000 refugees in two months. It was great, seeing that happen and hearing that an appeal went out on the radio in Canada when that first plane arrived at Lester Pearson Airport in Toronto: “Please, will no more people come to the airport? We’re under siege with people wanting to welcome these people from Syria”. The heart of the people is with those people who are tramping across borders or suffering in the camps.
In 1939, we said that we would accept our responsibility for people threatened by the blitz on our large cities—Liverpool, Manchester, Birmingham and London, of course—and in two months there were arrangements for evacuating 3 million people. We could do it. If we could do it for 3 million people in 1939, we can do it for 3,000 children now. I do not think there is any reason for us not to do it. I cannot think of a valid reason to come to this Committee and say, “Oh, yes, it’s this; it’s this; it’s this”. They are tiny children, like our children. I urge the Government to think again. I assure noble Lords that Heathrow, Gatwick or Stansted would be under siege by the warm-hearted people of the UK wanting to embrace and welcome them. I urge the Government from the bottom of my heart to think again on this.
The Earl of Sandwich (CB)
My Lords, I can see the point of the Government’s plan to collect child refugees from the Middle East, but the thousands of children who were seen on our television screens in October and November last year were already in Europe. The impression at the moment is that the Government are refusing to respond to what has become a public demand. I strongly support the noble Lord, Lord Dubs. This is not just an emotional issue; it is a case of practicality. The Government are talking about an admirable resettlement scheme, but, except in the case of family reunion, they are ignoring unaccompanied minors and ignoring this plea.
Lord Roberts of Llandudno
The noble Lord, Lord Green, spoke earlier. Is he a grandfather or a father? Has he children? Would he trust his children to leave Syria to walk across Europe to reach the temptations of Italy and Greece and to meet the deprivations on the way? Would he really think that his child could manage unaccompanied? Is it not really a fantasy to think that these kids are not going to suffer in this way? I would not have thought of putting my children or grandchildren on that trek, and I am sure that the noble Lord, Lord Green, would not either.
Lord Green of Deddington
I am a father and a grandfather and of course I would do nothing of the kind, but then I am not in the situation of families in Syria. It is almost unimaginable to do that, but the question is whether there is a serious risk that it could happen. There is some evidence that that is exactly what has happened in relation to Sweden and Albania—Albania is different because that is a peaceful country. I raise the question. We need to be careful. If it was done through the UNHCR, we would be saving the same number of children, but we would not run the risk of encouraging further children to get into serious difficulty.
Refugees: Unaccompanied Children
Lord Roberts of Llandudno Excerpts(8 years, 10 months ago)
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Lord Roberts of Llandudno
To ask Her Majesty’s Government what action they are taking to relieve the situation of unaccompanied refugee children.
The Minister of State, Home Office (Lord Bates) (Con)
My Lords, the Government are working with the UNHCR to resettle unaccompanied refugee children from conflict areas where it is in the best interests of the child to do so. These are likely to be exceptional cases: for most children, their needs are best met in the region. We are providing an additional £10 million of support for vulnerable children in Europe.
Lord Roberts of Llandudno (LD)
On 2 December, the Prime Minister said that he was thinking again about our moral duty towards these children. That was 10 weeks ago. What has happened in that 10 weeks, and what is going to happen in the next 10 weeks, to those children who are spread out in so many ways? They are deserving of our compassion, and those who are showing compassion are the people—young people especially—working as volunteers in Calais, Dunkirk and other places. As a House, we should express our appreciation of everything that they are doing.
Lord Bates
I certainly endorse what the noble Lord says about the volunteers who are giving up their time to help those people in need. The noble Lord asked what has happened since 2 December. On 28 January, the Prime Minister made a Statement outlining what he had done in the interim period, and he announced four new initiatives. He said that he was going to send the Independent Anti-Slavery Commissioner, Kevin Hyland, to look at the hotspots, as they are called, or reception centres, to see what was happening to children. We announced an additional £10 million of support, particularly for children who had arrived there. He also said that we would meet the UNHCR and Save the Children, and that is happening this Thursday. However, I thought the noble Lord might have given a passing mention to the fact that, last week, the Prime Minister announced a doubling of the aid we are giving to Syria—from £1.1 billion to £2.3 billion—by the end of the Parliament, which I am sure is welcomed by everyone in the House.
Immigration Bill
Lord Roberts of Llandudno Excerpts(8 years, 10 months ago)
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Lord Roberts of Llandudno (LD)
My Lords, I had not intended to come in on these amendments, but I will mention what has happened in a north Wales town in the past month. An eminent Syrian doctor works there and contributes very much to our community. His wife and two younger children are there, but there is one daughter left in Damascus. She just could not get a visa. The mayor of Bangor and others—sorry, I should not have told you where it was—have been pulling out all the stops they can to try to bring this daughter over. She is alone, or she was. I rang the Home Office, trying to get this through and getting refused. I thought, “We’ll keep on at this”, until a fortnight ago I had a telephone call from one of our people in Bangor. She said that this girl is dead. Was it a bomb at Damascus University, or something else? I do not know. It is just that the whole system needs to have such a reform to have a bit of heart in it.
Lord Green of Deddington (CB)
My Lords, I am afraid that we are not quite of one mind in this House. I take all the points that have been made and I entirely understand the sympathy that has been expressed for individual cases. However, we have to look at this in a wider context. This, after all, is not the 1930s. We face a refugee crisis in Europe which is absolutely without precedent.
As the noble Lord, Lord Kennedy, explained, Amendment 231 refers to an EU directive which the UK opted into in 2013 before the refugee crisis erupted in southern Europe. However, its provisions are not exactly as described in the amendment before us. Article 8 requires that, in the case of asylum applications from third-country minors, the determining member state should be the state in which a family member legally resides, where that is in the best interests of the child. That is fair enough.
Article 9 goes further in stating that, if an applicant has a family member—unspecified—in another state who is a beneficiary of international protection, that member state should consider the application. That is fair enough.
Article 10 goes further still, stating that where an applicant has a family member in a member state where a first application is pending, then that state is responsible for the applicant’s application. We signed up to that and that is what would happen if people in Europe applied for asylum in Europe and asked for their case to be transferred to the UK. Noble Lords will be aware that a recent court case has underlined that possibility.
However, the suggestions in Amendment 231 go well beyond that EU directive. In paragraph (b) of proposed new subsection (2) the review is widened to consider all British citizens, not just those already granted asylum, and they would all have the right to sponsor family members. In paragraph (c) of proposed new subsection (2) the reviews suggested would consider extending the criteria to a potentially enormous number of relatives of those who have already been granted asylum in the UK. I think it is quite well known that in the last 10 years about 87,000 applicants have been granted asylum or humanitarian protection in Britain. We have every right to be proud of that. However, if each of those had five or six relatives, we would be deciding to admit more than half a million people who would be granted the right to join those who have already been given protection here. Even that is a very conservative estimate. It does not include those granted asylum in earlier years and does not take account of the fact that in some countries families are even bigger than that.
The fact that you have to apply in Europe in order to take advantage of the Dublin convention is a strong argument for saying that this is not the way that we should go. The main effect of going down this road would be to widen Dublin III and massively increase the flow of people into the EU in the hope of benefiting from these changes. That is a very unwise step to take at this time. If there are thoroughly deserving cases—I am sure there are many—they should be considered on an individual basis outside the rules and let us be as just and sympathetic as we can be. But simply to go down the road of widening Dublin III seems not only unwise but extremely untimely.
Immigration Bill
Lord Roberts of Llandudno Excerpts(8 years, 10 months ago)
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Lord Roberts of Llandudno (LD)
My Lords, for many years we have discussed the Azure card, and it is good to return to it—and also to say that we had one or two victories in our most recent discussions, whereby instead of the value of the card being scrapped altogether there is a rollover now, so people can save a little perhaps from £35 to go over to the next week.
We are dealing here with vulnerable people. People are never illegal; they are people just like every one of us in this Chamber, as I keep on repeating. We have the opportunity to either undermine the dignity of people or to restore it. We should remember that it is as we restore that dignity that we build a legacy for the future that is far more worth while than trying to diminish the rights of people. Imagine that you are in a queue at a checkout in a shop or a store and you are wondering whether, with £35—£5 a day—you have enough to pay for the goods you have in the basket or trolley. Imagine that you get to the cashier and the cashier says, “Sorry, you can’t have that”, because you have gone over the £35. By introducing cash benefits, we could at least give people a little bit of dignity in that queue, so that they are not embarrassed. They are people—and often people of great dignity and worth.
Today I read in a paper that I do not often read that there is an easyJet shop opening in north London where for at least a month most items are 25p each. I do not know whether other noble Lords have read about this. That is great—so the person with the Azure card goes there and finds out that they do not use it there. It is used only in 14 or 15 stores. And how would they get to north London, when you cannot use it to buy a bus ticket or a ticket on the underground? If they had cash, they could do that. I am reading between the lines in transitional instructions—not in what the Minister said in the other place—that the Azure card was to stay. We have another opportunity here to bring about a bit of dignity for those people. You have children with you—and children sometimes might want a piece of toffee or chocolate, but you cannot do it, because you do not have the money. And is that included in the goods that you can buy with the Azure card? Probably it is.
We have created second-class, third-class or fourth-class citizens existing on £5 a day. I spend more on that in the cafeteria and in the restaurants here, and I know that some people pay as much as that for a coffee in some places in our Parliament. But we have the opportunity, and we are moving in that direction whereby the Azure card is yesterday’s news and cash benefits in hand are today’s news. Then we have to restore the right of appeal. There is a lot more to be done, but I am sure that the Minister will give us some comforting words at the end of this debate.
Lord Alton of Liverpool
My Lords, the noble Lord, Lord Roberts, has reminded us that this clause is about forced destitution. Is it right that in a country such as this, which is one of the wealthiest in the world and upholds humane and civilised standards of decency, we should leave people without adequate resources believing that it is a way to somehow force them to leave the country? At Second Reading, I rehearsed some of the arguments. I mentioned Asylum Link Merseyside, of which I am a patron, and the work it has done that demonstrates that that simply does not work, because when parents, rightly or wrongly, think that their children’s lives will be at risk if they return home, they will generally consider that becoming destitute in the United Kingdom is the better option available to them. That is why the noble Lord, Lord Rosser, is right to ask whether we wish this clause to remain part of the Bill and to argue why it should not stand part.
Asylum Link Merseyside works with asylum seekers, but as my noble friend Lord Sandwich and others have reminded the Committee, the Home Office commissioned its own report into these things—I think that the Home Office study covered a cohort of about 116 families. It found that the rate of absconding was 39% for those in the Section 9 pilot but only 21% in the comparable control group who remained supported. Only one family in the pilot was successfully removed, compared to nine successful removals in the control group, and,
“there was no significant increase in the number of voluntary returns … of unsuccessful asylum seeking families”.
That is why the Home Office concluded that Section 9 should not be used on a blanket basis. Removing Clause 37 would remove something that we know does not work, that is likely to be more costly, that is an inefficient support system and that will clearly, as others have said, put the welfare of children at risk.
The Bill will establish a highly bureaucratic system which will be burdensome to administer. Local authorities will remain the body to which destitute refused asylum seekers who have fallen through the safety net turn for support. They will have to conduct eligibility tests and assessments to see whether support is required in order to safeguard the welfare of a particular child. In these cash-strapped days, do we really believe that local authorities will be in a position to do that? The complexity of these new arrangements means that families with children are likely to fall through the gaps in the system and find themselves destitute, at least temporarily. The consequences of refused asylum seekers being left without support, even for short periods of time, is extremely serious as it causes illness and complicates existing health problems.
Some noble Lords, including the noble Baronesses, Lady Lister and Lady Hamwee, were able to attend a briefing a few weeks ago which was given by, among others, Still Human Still Here. I asked then for some illustrations of how this could work out in practice. I shall give two brief examples. Still Human Still Here mentioned a 2012 serious case review which involved an asylum seeker who developed a brain infection and could not look after her child. The boy starved to death and the mother died two days later. The family became destitute during the transition from asylum to mainstream support, leaving the family,
“dependent upon ad hoc payments by local agencies”.
The review expressed,
“concern about the adverse consequences on vulnerable children and the resulting additional pressure on local professional agencies”,
when support was cut off.
In 2011 a serious case review involving child Z noted that the circumstances of the child’s mother, a refused asylum seeker facing removal with a life-threatening illness and caring for a young child with few support networks,
“would challenge any individual's coping strategies”.
It stressed that the,
“need for high levels of support for someone with such vulnerabilities was clear”,
and the absence of this support was a major factor leading to the woman’s death and her child needing to be looked after.
Both these cases highlight the consequences of leaving vulnerable families without support, and I therefore have some questions for the Minister. The Government’s proposals leave the detail of the new support provisions, including the level of support, to regulations. First, will the Government provide an assurance that the level and type of support provided under Section 95A or new paragraphs 10A and 10B of Schedule 3 to the 2002 Act will meet the essential living needs of asylum seekers and that the housing provided will be appropriate for vulnerable children and their families?
Secondly, the Government have stated that it will not be possible to apply for Section 95A support after the prescribed grace period, which is 21 days for single adults and 90 days for families with children. Will the Government provide an assurance that the regulations which permit applications outside the grace period will include changes of circumstance, such as when asylum seekers who were previously supported by friends or family become destitute or when asylum seekers encounter a barrier to return after the grace period is over?
Thirdly, will the Government consider amending language which prevents local authorities providing support under Section 17 of the Children Act 1989 where,
“there are reasonable grounds for believing that support will be provided”,
as it is likely to leave families destitute for considerable periods of time while responsibility is determined?
Fourthly, and penultimately, while local authorities will be able to provide accommodation and subsistence support when they are satisfied that it is needed to safeguard and promote the welfare of a child, regulations will be laid specifying factors which the local authority must or must not take into account in making this decision. What factors do the Government intend to specify must or must not be taken into account?
Lastly, will the Government provide an assurance that the best interests of the child, which were referred to by the Minister’s noble and learned friend in earlier exchanges, shall be a primary consideration in the operation of any actions concerning children in the Bill —a point that I think will be reflected on in response to what the noble Lord, Lord Rosser, said earlier—and that the new mechanisms of support set up in the Bill will ensure that every child has a right to,
“a standard of living adequate for the child’s physical, mental, spiritual, moral and social development”?
Those words are required by the Convention on the Rights of the Child. I hope the Government will consider bringing forward their own amendment at least to put that in the Bill.
I realise that the Minister may not be able to answer those five questions now, although I hope the Box will be able to provide him with some response. However, at least between now and Report, I hope that he will give reassurance to all noble Lords who have participated in today’s debate supporting the excellent points that the noble Lord, Lord Rosser, made in moving that this clause should not stand part of the Bill.
Lord Bates
Every case will be different but in a normal case, if someone cannot leave within 90 days, there is probably a genuine obstacle to their doing so. They may not be well enough or they may not have travel documents, in which case they would come into the category of having a genuine obstacle and, therefore, support could continue under new Section 95A.
Lord Roberts of Llandudno
If a pregnant lady is to be deported within six weeks of the birth, and if flights can be arranged, what arrangements will be made in her destination? She will need medical attention. Might voluntary organisations be able to help? What arrangements can be made to ensure that she is well cared for on arrival?
Lord Bates
I am happy to set that out in a little more detail. I think it would be helpful to say how we envisage that working. The plan is for the family engagement officer—who is a key figure in this, working with the family to manage their return—to have cognisance of their circumstances not only while here but when they return, so that will be taken into account and will be something that we look at. I will write more on that; I am happy to do so.
Population Increase: Migration
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Lord Bates
In essence, it does not make any difference. The target is based on the international way in which the ONS calculates the data. There is absolutely no limit on the number of bona fide students coming to study at bona fide universities in the UK. Where there remains a problem is with people who overstay on those student visas. Last year, 123,000 people came in, but we counted out only 36,000. That leaves a gap of around 90,000 which we need to understand better. Exit controls will help that, but we do not think that changing the way we calculate the figures will necessarily make any difference to finding the correct answer.
Lord Roberts of Llandudno (LD)
My Lords, how would you replace the doctors and surgeons from overseas? In north Wales, one-third of our consultants in Ysbyty Gwynedd, Ysbyty Glan Clwyd and Ysbyty Maelor are from overseas. How would you replace them if you have a harsh attitude towards overseas folk?
Lord Bates
The noble Lord is absolutely right, and that is the reason why we have no intention of doing that, and why we have the tier 2 visa process, through which people with skills in shortage occupations, as judged by the Migration Advisory Committee, come to contribute to our society. We are immensely grateful that they continue to do that.
Child Refugees
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Lord Bates
Certainly under Dublin there is a route for family reunion, which we honour and respect. Harrowing pictures come from the camp; I have not had the opportunity to visit. It is absolutely critical that the people in those camps claim asylum in France and therefore start to get care and attention that the children, in particular, need in France. We would encourage them to do that.
Lord Roberts of Llandudno (LD)
Does the Minister remember that on 2 December, the Prime Minister gave exactly that assurance to Tim Farron in the other place? That is seven weeks ago, seven weeks of torture under intolerable conditions for so many kids. We should move immediately on this, not waste a moment longer. They are children just like our children, and they deserve our concern and care.
Lord Bates
I agree, but it is more complex than that. The noble Lord follows these issues very carefully. He should know that when we talk to the UNHCR and UNICEF, they say that there are real dangers in taking children within the European Union and that the best place for them is in the camps in the region, where they can be considered and cared for in wider family units. We must listen to that, balance it and reach a decision, which the Prime Minister will do.
Immigration Bill
Lord Roberts of Llandudno Excerpts(8 years, 10 months ago)
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Baroness Ludford
I, too, welcome the support of the Labour Party and its conversion to this cause. It is hugely important and significant. All the considerable benefits of a change in policy have been cited, and I do not need to enumerate them. They are so powerful, and there are only benefits—there are no costs, quite honestly, associated with this policy, except possibly a political one. That is no doubt what the Government fear. So I want to propose a rebranding exercise: to position this not so much as the right to work as the obligation to work—a requirement to work, except for asylum seekers who, for reasons of age or health, cannot do so. We could reframe it in those terms, as we do in the field of welfare. Indeed, a Liberal Democrat policy document from two years ago did exactly that. Why not talk about an obligation on fit asylum seekers to use their skills to benefit themselves, this country and the taxpayer? I think that you would also see a different approach and a different perception from the public, as well as, one hopes, from the Government, if that rebranding were to take place.
Lord Roberts of Llandudno (LD)
My Lords, first, I welcome all those who now support so vigorously and enthusiastically the right of asylum seekers to work after, say, six months. They have such potential. I know they are not asylum seekers but a third of the doctors and consultants in the hospitals and half the nurses in north Wales are not of Welsh extraction; they are from overseas. We rely on each other. If you go to the hospitals in Liverpool, the same story is told. We work together; we are one world. We have a responsibility towards each other—a responsibility, I suggest, to help everybody, wherever they are from, to reach their potential and to contribute as much as they can to the well-being of the whole community.
I am not going to speak at great length—I would be very unpopular if I did. In any case, everybody else has said what I wanted to say. It is wonderful that we are in an atmosphere of wanting this policy to succeed.
I will say just one thing. Last night I was at a meeting where we spoke of the children in the camps at Calais and Dunkirk. At Dunkirk there are no facilities, and we have all seen the pictures of the children tramping in the mud, which in places is a foot deep. One contributor last night said, “You know, they haven’t had any education for 12 months. They haven’t had any schooling. They are missing out”. Many of those of Arab extraction who are coming to the UK—people who speak the languages of other nations—could become the teachers who help this new generation, and in helping that new generation I am sure we will be doing something to build the kind of world that Lloyd George talked about. He once said that he wanted to build a country fit for heroes to live in. Let us build a world fit for children to live in. We can do it in this Bill by adopting amendments such as the one that is proposed here.
The Earl of Sandwich
My Lords, I am always heartened by the words of the noble Lord, Lord Roberts. I remember one rather lonely evening when he moved a version of this amendment and there were not so many friends present as there are today. I see already that he is heartened by the voices from all around the Committee.
I am strongly in favour of extending the time available to migrants and asylum seekers because it is realistic. It recognises and legalises a situation that is already happening. As my noble friend said, the issue of permission to work is linked to concerns about destitution, which we will come to in Part 5 when we discuss Section 95 support. As Sir Keir Starmer said about Clause 8 in the Commons, the most vulnerable will become even more so if we do not pass this amendment. For example, making it a specific crime to work without leave drives the exploited and enslaved further underground.
There is one more point which needs to be underlined. The Immigration Minister said during Committee in the Commons that asylum seekers could frustrate the process of application in order to qualify for the permission, and I expect that the Minister has this argument in mind this evening. But the amendment addresses this point—and the Refugee Council makes this clear—because permission would be granted only where the delay was in the process and not due to any action taken by the asylum seeker.
Lord Ashton of Hyde
My Lords, this is an emotive issue. As the noble Baroness, Lady Hamwee, said, these are not new arguments. In fact, I think they were had on the last Immigration Act and possibly in immigration Bills before that. Of course, it is an emotive issue and everyone has sympathy with the plight of some of the people whom we are talking about. It is a difficult line to draw and we have to draw a balance.
I have listened carefully to the arguments in favour of allowing permission to work where an asylum claim is still outstanding after six months, removing the caveat that any delay must not be of the asylum seeker’s own making, and lifting restrictions on the types of employment available. The amendments would radically change existing permission-to-work arrangements for asylum seekers and the Government are not convinced that that is sensible. As a general rule, the Government believe that it is not appropriate to allow asylum seekers to work. It is important that we protect the resident labour market for those lawfully present in the UK.
Lord Roberts of Llandudno
Did the Minister listen to the employment statistics announced by one of our Ministers three weeks ago? She said that there were 200,000 job vacancies in the UK.
Lord Ashton of Hyde
I am not aware of those statistics, but I will take a look at them.
Lord Green of Deddington
There are about 600,000 vacancies in the UK, and there always are. It is frictional unemployment. The only way that you can take another job is if a job is vacant.
Lord Ashton of Hyde
We will come to employment in a moment.
It is important that we protect the resident labour market for those lawfully present in the UK and discourage those not in need of protection from claiming asylum for economic reasons. There are provisions in the Immigration Rules to allow non-EEA nationals to come to the UK to take up employment where there are no suitable resident workers available, and which give priority to those coming to fill roles included on the list of shortage occupations published by the Home Office. These arrangements are subject to numerical limits. This ensures that the employment meets our needs for skilled labour and benefits the UK economy. This approach prioritises access to employment and business opportunities for those lawfully in the UK, including recognised refugees. It will undermine this approach if non-EEA nationals can bypass employment restrictions by claiming asylum, particularly where that claim is clearly without merit.
There has been much comment, including tonight from the noble Lords, Lord Alton and Lord Ramsbotham, and the noble Baroness, Lady Hamwee, about historic delays in decision-making in the Home Office, but this has been brought under control. The Home Office met its public commitment to decide straightforward asylum claims lodged before April 2014 by 31 March 2015, and to decide all straightforward claims lodged from 1 April 2014 within six months. About 85% of cases are straightforward. This means that the vast majority of asylum claims are decided quickly. While awaiting a decision, asylum seekers are provided with free accommodation and a cash allowance to cover essential living needs—I will come on to the detail of that in response to the noble Lord, Lord Alton—if they would otherwise be destitute. They can also undertake volunteering activities while their claim is outstanding. I am not relying on volunteering as a primary argument, and it will not be financially beneficial, but it will help with integration, making friends, learning the language, maintaining skills and so forth. I will also deal with the noble Lord’s question about volunteering in a moment.
The Government believe that the current policy strikes the right balance. If a claim remains undecided after 12 months, for reasons outside their control, the person can apply for permission to work. That is a fair and reasonable policy and is consistent with our obligations under EU law. It also assists genuine refugees. It is common knowledge that some people make unfounded asylum claims. The reasons why can be difficult to establish, but it is reasonable to assume that some do so because of the benefits, real or perceived, that they think they will gain. Earlier access to employment risks making asylum more attractive for those who are otherwise not eligible to work in the UK.
Providing more generous employment opportunities for those who claim asylum therefore creates a risk of more unfounded claims. An increase in the number of such claims would slow down the processing of genuine claims and undermine our progress towards a fair and efficient asylum system. The Government do not believe that that is a risk worth taking.
I said that I would address the question asked by the noble Lord, Lord Alton, about voluntary work and volunteering. Asylum seekers can undertake voluntary activity, but it must not amount to unpaid work. They cannot be paid for it and it cannot be undertaken on a contractual basis. The noble Baroness, Lady Lister, asked a straightforward question about whether asylum seekers would be caught by Clause 8 and the offence of illegal working. The right to work is a different question from whether you are in the UK lawfully and it is better if I write to the noble Baroness and send copies to interested Peers to confirm how Clause 8 will affect asylum seekers.
The noble Baronesses, Lady Lister and Lady Hamwee, talked about other countries that allow asylum seekers to work that had fewer asylum claims and whether reducing the period would act as a pull factor for asylum seekers. Germany, which was mentioned by the right reverend Prelate, the noble Lord, Lord Kennedy, and others, allows asylum seekers to work after three months and the highest number of applicants were registered in Germany in 2015, including thousands of migrants from the western Balkans who are economic migrants and rarely qualify for asylum. Germany has the highest asylum intake in the EU.
The noble Baroness, Lady Hamwee, asked about the permission to work, which is limited to the shortage occupation list. The list is based on expert advice from the independent Migration Advisory Committee. It comprises skilled jobs where there is an identified national shortage that it is sensible to fill, at least in part, through immigration. The restriction ensures that the employment meets our needs for skilled labour and benefits the UK economy. Under EU law, we are entitled to prioritise access to work for UK and EEA citizens over asylum seekers. Limiting access for those granted permission to work to employment on the shortage occupation list is an effective mechanism for achieving that. However, those granted refugee status have unrestricted access to the labour market.
The noble Baroness also mentioned the recent news about red doors. As the Immigration Minister told the other place today, we have commissioned an urgent review and officials will be travelling to Middlesbrough tomorrow to begin that.
The noble Lords, Lord Ramsbotham and Lord Alton, talked about the support package that is made available to asylum seekers. Nobody is pretending that they will live in anything like the lap of luxury, but it is not a random amount. The £36.95 per week is in addition to free furnished accommodation, with utility bills and council tax paid; and the weekly cash allowance is designed to meet essential living needs. It is reviewed every year using evidence-based methodology and we are satisfied that we provide enough to meet essential needs. The current level is for each person in the household—the asylum seeker and any dependant—and of course they have access to NHS healthcare and all minor children are legally entitled to free primary and secondary education.
The noble Baroness, Lady Hamwee, asked how many asylum seekers had been awaiting a decision for at least six months. There are around 3,500. As I have said, the delays that have happened before have been brought under control and we have met our public commitments.
The noble Lord, Lord Ramsbotham, talked about Red Cross food parcels. The British Red Cross has produced a report on the problems of destitution faced by asylum seekers which is based on 56 cases, but for the most part these were not asylum seekers. Some 46 of the 56 were failed asylum seekers, people the courts agreed did not need our protection.
As I said at the beginning, this is an emotive issue. The Government do not believe that the risk entailed in reducing the period is worth it. In light of the points I have made, I respectfully ask the noble Lord to agree to withdraw his amendment.