Unaccompanied Child Refugees: Europe

Lyn Brown Excerpts

Thursday 2nd November 2017 Commons Chamber

[Lyn Brown (West Ham) (Lab)]

I thank the hon. Member for South Cambridgeshire (Heidi Allen) and my hon. Friend the Member for Walthamstow (Stella Creasy) for securing this debate. I wish to use my time to draw attention to the plight of two specific children and bring human faces to what can be a difficult discussion. I want the Government to hear about these two children—especially the Minister, who is currently chatting on the Front Bench, because I would like him to do something about it. He knows that I will hold him to account if I do not believe that he is paying attention.

[The Minister for Immigration (Brandon Lewis)]

I would like to point out that what the hon. Lady just said is completely false.

[Lyn Brown]

Rubbish! I am not even going there.

The first case is that of Tekle, a 13-year-old Eritrean boy who is currently living in a camp near the French-Italian border. He has survived in Italy, unaccompanied, for more than 11 months now. His father is in the UK and is desperate for his son to join him. It must be absolutely heart-breaking for a parent to know that a child is so vulnerable but to be unable to bring them the relatively few miles to safety and to that parent. The asylum system in Italy—[Interruption.] The asylum system in Italy is overwhelmed. [Interruption.] Does the Minister want me to call him out again? I am happy to. I really would like him to listen. Perhaps the Lord Commissioner of Her Majesty’s Treasury, the hon. Member for Burton (Andrew Griffiths), could stop chatting.

[Brandon Lewis]

I am not sure whether or not the hon. Lady wants us to listen, but she is stopping for reasons that I simply do not understand. I am making notes on what she is saying so that I can answer her questions later. I am not quite sure what she is trying to imply. She seems to be playing a very silly game.

[Lyn Brown]

The Minister knows better than to accuse me of playing silly games. If I was not watching people chatting on the Front Bench and if I was not worried that I was not being heard, I would not be stopping. I want to be heard because I genuinely believe that although these two cases are specific, they are also indicative of all the cases we have been hearing about today. I think the Minister is a good man generally, and I know that he normally listens to debates, which is why I had so much faith that he would listen to me today and take some action on these cases. That is why I am being so clear that I would like him to pay real attention to what is going on.

The refugee support organisation Safe Passage secured an appointment with the Italian authorities so that Tekle could request asylum and seek transfer to the UK, which appears to be his right. He was finally granted an interview last month but was not given an interpreter, so the information recorded was inaccurate and his journey was curtailed once more. Psychologists working with Médecins Sans Frontières have met Tekle more than once, and their professional assessment is that his mental health is in a perilous condition. He is also vulnerable to the criminal gangs that, as the Minister knows, prey at these camps around the world. His future remains unclear. I can only imagine what it must be like to be that young, that frightened and that alone and have to wait so long with nothing in the future secure. He does not know whether he will ever find a home or be safe with his family again.

The story that my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) raised was about Awet, a 12-year-old Eritrean girl who arrived in Italy in June. Her brother, also a child, has been living with a stable foster family for the past three years. His carer is willing to foster Awet too so that the two can live together in security. Awet is obviously vulnerable. She was initially placed in a mixed reception centre with adults of both sexes before Safe Passage intervened. She is terribly afraid and despairing in the reception centre, and, like Tekle, has recently attempted to run away. She would rather risk absolutely everything in her attempt to be with her brother than remain in what she perceives to be a terrifying prison.

Last month—five months after her arrival—Awet was able, finally, to submit her asylum application in Italy, but it is unclear whether a take charge request has been made because of the consistent bureaucratic delays in the area. This is the situation that so many unaccompanied children live in across Europe. Their only hope is for a legal route to be offered to them so that they can rejoin their families.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

Will my hon. Friend join me in asking the Government to ensure that the 280 places that have not been filled are filled as quickly as possible and that family reunions can take place as quickly as possible?

[Lyn Brown]

I absolutely agree with my hon. Friend. I ask the Minister, whom I normally like very much, to work with Safe Passage, which has been helping Tekle and Awet, to look into those two cases. I ask him personally to update me on their progress. As he knows full well, those are just two cases among many.

There is a clear moral principle: no child should spend a second longer than necessary in a state of vulnerability and uncertainty when they have family in Britain who can provide them with safety and support. This motion is not just about moral principle, but about the law. Whatever happens after Brexit, it is vital that UK law ensures that access for vulnerable children with a legal claim to rejoin families in Britain is retained and not reduced.

The Dublin III regulation leaves a lot to be desired, but the family reunion access guaranteed by our domestic law is often even more restrictive. Some lone child refugees who have grandparents, uncles, aunts, sisters or brothers living in the UK only have a legal route to safety and family reunion because of the Dublin regulation. I want the Government—and the Minister today—to commit to working across this House to ensure that we, at the very least, replicate the provisions of Dublin III—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I will allow the hon. Lady to say her last couple of words.

[Lyn Brown]

You are very kind, Madam Deputy Speaker.

Basically, I ask the Government to replicate the provisions of Dublin III after Brexit so that we can bring these children home.

--- Later in debate ---

[Brandon Lewis]

I will come to the wider point around that shortly, but, as I have just said, the High Court has outlined that the process the Government have used is lawful.

Children have already arrived in recent weeks from France and transfers are ongoing. We have been working closely with Greece to put in place the processes for the safe transfer of eligible children to the UK, and expect to receive further referrals in the coming weeks. I say to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Chair of the Select Committee, that she is effectively proposing that we should just take children from another country. I am sure Members must appreciate, when they think this through, that we simply cannot do that. We as a Government and a country must respect the sovereignty of other countries and their national child protection laws. That is the right thing to do.

For the year ending June 2017, we in the UK granted asylum or another form of leave to remain to more than 9,000 children, and have done that for more than 42,000 children since 2010. We are fully committed to ensuring that unaccompanied asylum-seeking children and refugee children are safe and that their welfare is promoted once they arrive in the UK. That is why yesterday, as has been outlined, the Government published a safeguarding strategy for unaccompanied asylum-seeking and refugee children, in recognition of their increased numbers and specific needs, backing up the point I made earlier that we want to make sure we are doing the right thing by the children who need our support.

[Lyn Brown]

The Minister will remember that in my contribution and in those of other Members, we talked about children who have families here in the UK and who are desperate to get to them. Will he commit today to working with me on the two cases that I have brought to him, and on the other cases that Members on both sides of the House have raised, relating to children with families here who are risking their lives trying to be reunited with possibly the only family they have left?

[Brandon Lewis]

I have worked with the hon. Lady a great deal over the years, and I genuinely like her. I will respond to the particular cases she has brought up, and I will touch on the wider issue of family reunion in a moment if she will bear with me.

The motion understandably considers the impact of our exit from the EU on this country’s participation in the Dublin regulation. I want to reassure the House that until we exit the EU, the UK will remain bound by EU asylum legislation, where we have opted in, including the Dublin III regulation. We are committed to ensuring that it operates efficiently and effectively, and the guidance we have published today is a further indication of our commitment in this area.

However, I want to clarify a misunderstanding that is out there. Dublin is not and has never been a family reunion route in itself. The recent reporting of this issue has been misinformed, and I hope that I can provide some clarity today by confirming a point made by my hon. Friend the Member for Colchester (Will Quince) in his excellent contribution. The Dublin regulation is the mechanism used to determine the member state responsible for the consideration of an asylum claim, and it is primarily used in respect of adults, not children, to make transfers both into and out of the UK. It confers no right to remain in the UK once an asylum claim has been considered.

The right approach to this issue must be to negotiate with the EU on co-operation on asylum and migration, considering the issues in the round. The Government have set out a clear position that co-operation on asylum and migration, which we value, is for discussion with the EU. We support the underlying principle of the Dublin regulation that asylum seekers should claim asylum in the first safe country they reach and should not be allowed to “asylum shop”. That point has been made by several of my hon. Friends today. Moreover, Dublin is a two-way process that requires the co-operation of 31 other countries to work effectively. We do not think it appropriate to commit unilaterally to the entry into the UK of one cohort of those who currently fall within the scope of the Dublin regulation when it requires the co-operation of other sovereign nations to operate.

I want to pick up on the point that the hon. Member for West Ham (Lyn Brown) has just raised. The wider issue of family reunion is hugely important, and Members across the House have rightly raised it this afternoon. The Government strongly support the principle of family unity, and we have a comprehensive framework in place for reuniting refugees safely with their families. We have reunited more than 24,000 partners and children with their family members already granted protection here in the last five years. Our family reunion policy allows children to join their parents here, and there are also specific provisions in the immigration rules that allow extended family members lawfully resident in the UK to sponsor children, where there are the right circumstances. That is aside from the work we do for our mandate resettlement scheme. As we leave the EU, we will continue to meet our moral duty to support refugees affected by conflict and persecution, including children, and continue this country’s proud history of supporting and protecting those in need.