Nationality and Borders Bill (Sixteenth sitting)

Neil Coyle Excerpts

Committee stage
Thursday 4th November 2021 Public Bill Committees

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

I beg to move, That the clause be read a Second time.

The new clause would extend the current 28-day “move on” period for newly recognised refugees to 56 days. According to the British Red Cross, the London School of Economics and others, that could benefit the public purse by more than £7 million annually and address the profound human costs of poverty and homelessness. I thank the British Red Cross for its help with the new clause and its broader research and work in the area. I refer hon. Members to my entry in the Register of Members’ Financial Interests as I receive support from the Refugee, Asylum and Migration Policy project in this policy area.

Currently, someone who has claimed asylum and been given refugee status will see their asylum support and section 4 support stop 28 days after that decision, which is out of sync with Government welfare and housing policy and insufficient time to move on with affairs. At that point, refugees stop getting their cash allowance and have to move house. While they get permission to work, they need both a bank account and a national insurance number for that. There are potential pitfalls to opening a bank account. Zikee, an ambassador for the Voices Network said:

“The biggest problem I faced when I received my refugee status was that I was asked to move out of my Home Office accommodation within 28 days…this affected me so much as I did not have my…biometric resident card due to a Home Office error. I had to wait weeks for this…and this meant I couldn’t open a bank account.”

It can be problematic to open a bank account within 28 days and, as the Under-Secretary of State for Work and Pensions, the hon. Member for Hexham (Guy Opperman), confirmed in June, it can take weeks to access a national insurance number. The average wait for a new national insurance number is 10 to 12 weeks, not the 28 days found in measures for refugees. The current 28-day “move on” period is incompatible with the Homelessness Reduction Act 2017, which gives local authorities a 56-day period to work with households at risk of homelessness and to provide alternative accommodation.

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[Tom Pursglove]

I am grateful to the hon. Member for Bermondsey and Old Southwark for tabling his new clause. In simple terms, the longer successful asylum-seekers remain in asylum accommodation, the fewer the beds available for those newly entering the asylum support system, including those temporarily accommodated in hotels at great expense to the taxpayer. We are aware of reports that some refugees do not access universal credit or other benefits, or adequate housing, within 28 days. The reasons for that are complex, but the available evidence to date does not show that the problem can be solved by increasing the 28-day “move on” period.

I also reassure the hon. Member that we have implemented several initiatives with the aim of securing better outcomes for refugees in the 28 day “move on” period. These include ensuring that the 28-day period does not start until refugees have been issued with a biometric residence permit—the document that they need to prove that they can take employment and apply for universal credit—and that the national insurance number is printed on the permit, which speeds up the process of deciding a universal credit application.

We also fund Migrant Help, a voluntary sector organisation, to contact the refugees at the start of the 28-day period and offer practical “move on” assistance, including advice on how to claim universal credit; advice on the importance of an early asylum claim and the other types of support that might be available; booking an early appointment at their nearest Department for Work and Pensions jobcentre, if needed; and advice on how to contact their local authority for assistance in finding alternative housing.

We evaluated the success of the scheme that books an early appointment with the local jobcentre for those who want one. That showed that all applicants for universal credit in the survey received their first payment on time—that is, 35 days from the date of their application—and that those who asked for an earlier advance payment received one.

Asylum accommodation providers are also under a contractual duty to notify the local authority of the potential need to provide housing where a person in their accommodation is granted refugee status. Refugees can also apply for integration loans, which can be used, for example, to pay a rent deposit or for essential domestic items, work equipment or training.

The UK has a proud history of providing protection to those who need it, and I reassure the hon. Member that the Government are committed to ensuring that all refugees can take positive steps towards integration and realising their potential. Although we keep the “move on” period under review, we must also consider the strong countervailing factors that make increasing that period difficult. I therefore invite him not to press his new clause.

[Neil Coyle]

I am almost sorry, but the Minister’s answer ignores the reality and the situation in which people find themselves. He does not have an answer about the anomaly in housing or social security policy, and he has not even tried to explain why the Government are ignoring the potential savings to the public purse. I will press the new clause to a Division.

Question put, That the clause be read a Second time.

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Brought up, and read the First time.

[Neil Coyle]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss new clause 26— Right of appeal against France asylum visa refusal—

‘(1) If an application by a person (“P”) for entry clearance under clause [Asylum visa for persons in France] is refused by the appropriate decision-maker, P may appeal to the First-tier Tribunal against the refusal.

(2) The following provisions of, or made under, the Nationality, Immigration and Asylum Act 2002 have effect in relation to an appeal under these Regulations to the First-tier Tribunal as if it were an appeal against a decision of the Secretary of State under section 82(1) of that Act (right of appeal to the Tribunal)—

(a) section 84 (grounds of appeal), as though the sole permitted ground of appeal was that the appropriate decision-maker was wrong to conclude that P was not a relevant person;

(b) section 85(1) to (4) (matters to be considered);

(c) section 86 (determination of appeal);

(d) section 105 and any regulations made under that section; and

(e) section 106 and any rules made pursuant to that section.

(3) In an appeal under this section, the First-tier Tribunal—

(a) shall allow the appeal if it is satisfied that P is a relevant person; and

(b) shall otherwise dismiss the appeal.

(4) In an appeal under this section, in deciding whether there are good reasons why P‘s protection claim should be considered in the United Kingdom, the First-tier Tribunal shall apply section [Asylum visa for persons in France] (3) as though for the words “appropriate decision-maker” there were substituted the words “First-tier Tribunal”.’

This new clause would allow a person whose application for entry clearance under clause [Asylum visa for persons in France] has been rejected to appeal to the First-tier Tribunal.

[Neil Coyle]

New clause 25 proposes a humanitarian visa route, and new clause 26 grants a right of appeal—something that made Tory MPs very excitable yesterday. I do not intend to push the new clauses to a vote; they are aimed at opening dialogue, and they link back to the points made by my hon. Friend the Member for Sheffield Central.

If the Government are serious about finding solutions to people smuggling and trafficking, they should consider providing practical routes for people seeking sanctuary, in the way that they do for Syria and Afghanistan, and undertake to review humanitarian routes and how they could work. I thank Bella Sankey of Detention Action for her work on these clauses. There are some fantastic people working on these issues.

The purpose of the new clauses is to offer the Government a constructive solution for safe routes. They would have the benefit of cutting smuggling and potentially saving money in the long term. If they are serious about safe and regular routes, the humanitarian visa option would create them. The new clauses also make use of the border anomaly in Calais.

The Government should commit to exploring safe routes if they are serious about preventing dangerous options. The example from Detention Action is of Dylan Footohi, an Iranian refugee who says,

“I came to the UK seeking asylum. I came irregularly simply because there was no legal way for me to do so. My journey to the UK took two years; two years of exploitation and abuse and life-threatening experiences.”

He felt that that way was the only option. If there had been an alternative, he would have taken it. These new clauses offer that alternative.

The new clauses provide for certain persons in France to be granted entry clearance to allow them to claim asylum in the UK. The new clauses set out who qualifies: they have to be in France; they cannot be an EU national or a national of Liechtenstein, Iceland, Norway or Switzerland; they have to intend to make a protection claim in the UK; their protection claim, if made in the UK, must have a realistic prospect of success; and there must be good reasons why their protection claim should be considered in the UK.

The first three criteria are self-explanatory. The fourth criterion—the realistic prospect of success—is a well-established test in UK immigration law. It is used in paragraph 353 of the immigration rules, which deals with a person who has been refused asylum and has later made further submissions on asylum grounds and says that they have a fresh right of appeal against the refusal of their further submissions. Home Office officials, courts and tribunals are well used to applying that test. The leading case on the realistic prospect of success is WM (DRC) [2006] EWCA Civ 1495.

To give an example of how the criterion could work in practice, applicant X applies for a France asylum visa. She is from country A and claims that she is wanted by the authorities of country A for a political offence. The applicable country guidance accepts that if a person is detained for political offence in country A, they are likely to be subjected to serious ill-treatment, so if applicant X’s claim is found to be credible she would be entitled to asylum. The appropriate decision maker believes that applicant X is credible. Applicant X’s claim is likely to have realistic prospect of success, so the criterion is likely to be satisfied. I will keep examples brief in the interest of time.

The fifth criterion is about good reasons and is intentionally open-ended. It allows the appropriate decision maker to make a fact-sensitive evaluation of the merits of the case. In considering whether there are good reasons, the decision maker will take into account the relative strength of their family or other ties to the UK and France; their mental and physical health and any particular vulnerabilities; and any other matter the decision maker thinks is relevant.

To give a brief example, applicant X applies for a France asylum visa. She is street homeless in France due to a shortage of available accommodation. She has PTSD and depression as a result of being tortured and has not been able to seek treatment due to her insecure living situation. She has no family and friends in France but has a brother in the UK with whom she has a close relationship and who could support her if she were here. She speaks good English but does not speak French. There are likely to be good reasons for her claim to be dealt with in the UK, so the criterion is likely to be satisfied. That is an illustrative example, but decision makers would make up their minds on the facts of each individual case, having regard to all relevant factors.

The procedure for making the application would be to the appropriate decision maker—an entry clearance officer authorised by the Secretary of State—and they would be required to waive biometric and other procedural requirements if satisfied that the applicant could not be reasonably expected to comply. There would be no fee for the application.

The successful applicant would be given leave to enter for a period of not less than six months, prescribed by the Secretary of State, who would also prescribe the conditions of such leave. On arrival, they would be deemed to have made a protection claim in the UK and go through the normal asylum process. They would have access to legal aid and there would be a right of appeal in the first-tier tribunal against the refusal of a France asylum visa application. That would be a full merits appeal and would not be limited to a review of the original decision-maker’s decision. The tribunal will decide for itself whether the criteria are met.

That appeal process utilises the existing machinery of immigration appeals under the Nationality, Immigration and Asylum Act 2002. There would be onward rights of appeal to the upper tribunal and Court of Appeal under sections 11 and 13 of the Tribunals, Courts and Enforcement Act 2007, as with other types of immigration appeal.

I ask that the Government consider those practical solutions that could take the power away from people smugglers and traffickers, who the Minister routinely calls evil, with which I agree, while honouring our commitment to the refugee convention. I commend the new clauses to the Committee.

[Tom Pursglove]

I am grateful to the hon. Gentleman for tabling the new clauses; it is fair to say that during the course of the Committee we have had many debates around many aspects of what they refer to. The Government’s position is clear: we are trying to stop dangerous journeys wholesale—in relation not just to the channel, but to the Mediterranean. We believe in upholding the long-standing principle that people should claim asylum in the first safe country that they reach. Of course, people should also avail themselves of our safe and legal routes. With that, I urge the hon. Gentleman to withdraw the new clause.

[Neil Coyle]

I do not think that even the Home Office impact assessment of the Bill accepts what the Minister has just said, because it says that Bill compels some people to take dangerous routes. As I said at the start, however, this is just a probing set of new clauses. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 27

Asylum dispersal strategy

‘(1) The Secretary of State must, within 2 months of this Act gaining Royal Assent, publish a strategy on the accommodation of asylum seekers under a relevant provision.

(2) The strategy must cover, but need not be limited to, the following—

(a) ensuring an equitable distribution of accommodation across the regions of England, Scotland and Wales;

(b) the suitability of financial provision provided to local authorities relating to costs supporting accommodated asylum seekers;

(c) the suitability of financial provision provided to local authorities relating to costs incurred supporting individuals after they receive a decision on their asylum application;

(d) the provision of legal advice to accommodated asylum seekers; and

(e) the provision of support from non-governmental bodies.

(3) For the purposes of this section, “relevant provision” means—

(a) section 4 of the Immigration and Asylum Act 1999

(b) Part VI of the Immigration and Asylum Act 1999

(c) Schedule 10 of the Immigration Act 2016.’—(Neil Coyle.)

This new clause would require the Home Secretary to publish a strategy within two months of the bill gaining Royal Assent on the accommodation of people seeking asylum who are accommodated by the Home Office.

Brought up, and read the First time.

[Neil Coyle]

I beg to move, That the clause be read a Second time.

I thank the British Red Cross for its help with the new clause, which is very simple and is line with what the Government have said they are committed to elsewhere. It would simply entail publishing a strategy to cover Home Office accommodation, and it aims to ensure an equitable distribution of people across England, Scotland and Wales, that financial support is provided to local authorities in areas where people are seeking asylum in Home Office accommodation, and other elements.

Although the Committee has heard that the Government’s intention is to move towards the use of reception centres, it is fundamentally unclear where accommodation is aimed to be and what the Government consider accommodation to be. I intend to table an amendment on the specific issue of what is and is not an accommodation centre on Report, especially with some of the sites being used as contingency accommodation, including a hostel in my constituency that Public Health England suggested should not be used for accommodation for the Everyone In scheme. The Home Office chose to override that advice and use it for refugee and asylum seeker accommodation. The Government now seem to think that dispersal is broken, and they want to open a parallel system of accommodation, but they want to use what they refer to as “reception centres”. I hope the Minister can provide some clarity on that and on whether the Government feel that they need to use the 2002 Act. Perhaps the Minister can clear up this messy situation.

Napier barracks has become synonymous with this issue. Its use has just been extended for five years, with the Home Office using a special development order to do so. In his letter to the Committee on 21 October, the Minister said Napier is not classified as an accommodation centre. I think that is a mistake, and I hope the Minister can explain why the Home Office is using a special development order, when the High Court has ruled that the standards and operational systems at Napier barracks are unlawful.

As things stand, we do not know what is and is not accommodation according to the Home Office. We have reports and court rulings on unlawful and unfit accommodation. We do not know where reception centres will be or the types of accommodation that the Government intend to provide while seeking to move away from dispersal in communities where service providers have argued that it is better for integration. That is why a strategy is required, and I hope the Government accept that they need to move towards a more co-ordinated approach.

On dispersal, the British Red Cross has said there is currently nothing in legislation that says people supported under sections 95, 98 and 4 of the Immigration and Asylum Act 1999 have to be accommodated in any particular way. Dispersal is not underpinned in the current legislation, so a strategy would help clarify the situation for the Home Office and the rest of us.

Like hotels, Napier and Penally barracks were seen as contingency accommodation—temporary measures because of a lack of suitable dispersal. The Government need to get the dispersal system in place. We do not know what the Government reception centres would look like or where they would be located, nor have the Government said whether people would be accommodated for the entirety of their asylum process. It is proposed that the centres would “provide basic accommodation” and

“allow for decisions and any appeals following substantive rejection of an asylum claim to be processed”,

but we are conscious of the delays in the asylum system, and it is possible that people could be living in the centres for several months, potentially in remote locations. I hope that the Minister will outline whether children are intended to be placed in those centres.

[Tom Pursglove]

I refer the hon. Gentleman to my comments on earlier clauses, when I confirmed that children would not be placed in those accommodation centres.

[Neil Coyle]

That is helpful, but it has been brought to my attention this week that a 16-year-old is in a Home Office accommodation hotel in my constituency. I do not know whether that is an age-disputed case for the Home Office, but there is clearly a mismatch between the Government’s intent and what is actually happening.

Rewan has been living with his two sons, aged 11 and 18, in a hotel room for 10 months. His sons cannot study, and although he is desperate to get work, their living circumstances do not allow for that. Umar was told in October 2020 when he moved into a hostel with his wife and four children—aged 7, 9, 13, and 14—that they would be there for a matter of weeks. They are still there. That is what is happening on the ground and why a strategy on dispersal is required. Dispersal is better in the local community: through work with the local community, and by using dispersal accommodation, people are better able to make connections and start feeling part of a city. As Asylum Matters states:

“Providing support for people seeking asylum, including finding suitable accommodation, should be carried out in partnership with local government and local community groups.”

That is not what we are seeing.

For the almost 700 recent arrivals in Southwark, there was absolutely no in-advance co-ordination with the council; the Home Office alerted the council only after opening accommodation. Bearing in mind that accommodation would have been commissioned and procured in advance, there was ample opportunity for discussions to ensure that support was in place, but the Home Office failed to engage. In fact, when I asked the Home Office what resources the council would receive to support the hundreds of new people, it wrote back saying, “We have given some money to the clinical commissioning group.” That is not part of the council.

I had a really useful discussion with the Local Government Association, which said that it would welcome a dispersal strategy and that it wants people to be able to work. There are workplaces that are desperate to take people on, but they cannot get them in. A proper dispersal strategy should look at employment levels in certain areas. Moving people into areas with high levels of employment, rather than into the cheapest accommodation across the country, would actually benefit the workforce and the economy. That strategy would be adopted by any sensible Government, so I do not hold high hopes.

I will give some background stats: in December 2020, around one in five people in Home Office accommodation were living in a hostel, B&B or hotel—triple the December 2019 figures. In Southwark, there were 1,022 people in dispersal accommodation in June, but, as I have just said, hundreds have arrived since then. The Red Cross suggested:

“The Home Office should, as a matter of urgency, address the supply of suitable asylum accommodation, and work with local authorities, devolved governments”,

and it pointed out an increase in the demand for asylum accommodation and a rise in the number of people living in inappropriate places. The increase in decision-making delays since 2018—prior to the pandemic—has resulted in people staying in asylum accommodation for far longer, which is something the Minister has just said he is determined to tackle, so a strategy should be welcome. The situation is unsustainable and only a strategy to build out of it will address the problem.

In April, we had a Backbench Business debate on accommodation, focusing on the National Audit Office and Public Accounts Committee reports into asylum accommodation. The NAO reported last July that the system the Government have adopted caused costs to escalate by 28%, and saw a 96% increase in short-term and more expensive accommodation. In November 2020, the Public Accounts Committee warned of a system in crisis, and it recommended:

“The Home Office should, within three months, set out a clear plan for how it will quickly and safely reduce the use of hotels and ensure that asylum seekers’ accommodation meets their individual needs.”

It would be great to hear from the Minister on how that clear plan is being developed. The new clause would help to address the problem that the Government have created.

The time involved comes with escalating costs to the Home Office and the taxpayer. Will the Minister update us on average times and what he is doing to tackle them? I have two examples from Bermondsey and Old Southwark. I have raised the cases of an Eritrean woman and a Mongolian man who have both been seeking asylum since 2017. Not only do they not have decisions four years later, but the Home Office cannot even give a timeframe for when their cases will be concluded. Perhaps the Minister can tell us today when and how the Home Office will cut the horrific backlog that his Government have created.

At the end of September 2020, there were 3,621 Sudanese, Syrian and Eritrean nationals who had been waiting longer than six months for a decision on their application. The grant rate across those countries was 94% in the most recent stats. That is an incredibly expensive waste. A strategy, as outlined in the new clause, would help address the underlying costs and focus Ministers’ and civil servants’ minds on cutting delays and lowering the cost to the public purse.

Earlier this year the hon. Member for Westmorland and Lonsdale (Tim Farron) asked the Home Office what the Government were doing to engage with local authorities to understand why offers for dispersal were not matching demand, and to ensure that there was true collaboration. He received a letter in response from the Home Office that stated:

“We remain fully committed to working towards the agreed change plan once we have been able to move people out of hotels and into more appropriate Dispersal Accommodation.”

I hope the new clause helps the Minister with that aim. I commend it to the Committee.

[Tom Pursglove]

I am grateful to the hon. Gentleman. I want to pick up on a few of the points that he raised. In relation to Napier, as I have said previously, we have seen several improvements recently: offering all residents covid vaccinations and personal cleaning kits, the introduction of NGOs on the site to provide assistance and advice, free travel to medical appointments and dentistry services or for meetings, sports and recreation. Those significant improvements have been made since the court judgment was handed down.

Hotels are provided as a contingency because of the lack of availability of other accommodation, but it is important to make the point that those are not accommodation centres. On the unaccompanied asylum-seeking children situation, it is difficult to comment on individual cases and a hotel in the hon. Gentleman’s constituency—I do not have the specifics to hand—but I can say that, broadly, the UASC, but not other children, would be accommodated in a hotel. That is my understanding of the situation.

On a broader point, we had a significant debate on new clause 2 and dispersal accommodation, where I set out the steps that the Government are taking to try to address that. That is being considered, and I refer Members to what I said before.

[Neil Coyle]

The Minister says that things have improved since the court judgment and that, for example, NGOs now have more routine access. The hostel accommodation in Bermondsey and Old Southwark was open for three months before the first visit of Migrant Help on site. I am just not convinced that the Minister has given an accurate portrayal of the current picture and the real situation in a real building affecting hundreds of people in my own constituency.

[Holly Lynch (Halifax) (Lab)]

My hon. Friend is making excellent points. The Minister says there have been changes at Napier barracks since the High Court judgment, but those changes happened because of the High Court judgment, and they perhaps would not have happened had the Government not been taken to court over the use of Napier barracks and the conditions there. That is why we do not trust the Government to make the right judgment calls on the quality of accommodation, and why my hon. Friend’s new clause is important.

[Neil Coyle]

I agree with my hon. Friend. The Government routinely dodge using the term “accommodation centre” because they do not want to set up an advisory group. If they went through the formal process of designating something as an accommodation centre, an advisory group would help to resolve some of the problems that we have seen at Napier and in the hostel accommodation in my constituency, where they had an almost inevitable covid outbreak.

The Minister has not committed to a strategy. We are seeing a longer process, with routine delays for applications and appeals. We are seeing damage to people’s lives. We are seeing damage to the economy because people cannot get a job and make more of a contribution as quickly as would be possible if there were a strategy and a plan. We are leaving the taxpayer with a massive bill for the Government’s failure. Therefore, we will press new clause 27 to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Tom Pursglove]

I should start by noting that, as hon. Members know, the Government’s current policy does allow asylum seekers to work in the UK if their claim has been outstanding for 12 months, where the delay was caused through no fault of their own. Those permitted to work are restricted to jobs on the shortage occupation list, which is based on expert advice from the independent Migration Advisory Committee.

I should like to set out the rationale for that policy position. The policy is designed to protect the resident labour market by prioritising access to employment for British citizens and others who are lawfully resident, including those granted refugee status, who are given full access to the labour market. That is in line with wider changes we have made through the points-based immigration system. We consider it crucial to distinguish between those who need protection and those seeking to come here to work, who can apply for a work visa under the immigration rules. Our wider immigration policy would be undermined if individuals could bypass the work visa rules by lodging unfounded asylum claims in the UK.

[Neil Coyle]

Will the Minister give way?

[Tom Pursglove]

I have been very generous throughout the duration of the Committee, but I am afraid I need to make some progress at this point.

It is also the case that unrestricted access to employment opportunities may act as an incentive for more migrants to choose to come here illegally, rather than claim asylum in the first safe country they reach. While pull factors are complex, we cannot ignore that access to the UK labour market is among the reasons that an unprecedented number of people are taking extremely dangerous journeys by small boat to the UK. I trust that hon. Members would agree with me that the UK cannot have a policy that raises those risks, and that we must do everything in our power to put a stop to those journeys.

Relaxing our asylum seeker right-to-work policy is not the right approach in this respect. Indeed, in an article earlier this month, the French newspaper Le Figaro noted the perspective in France that the “economic attractiveness” of the UK is a reason migrants attempt to cross the channel in small boats. In addition, removing restrictions on work for asylum seekers could increase the number of unfounded claims for asylum, reducing our capacity to take decisions quickly and support genuine refugees.

I would like to take this opportunity to make it clear that I do acknowledge the concerns of hon. Members. The Government are committed to ensuring that asylum claims are considered without unnecessary delay to ensure that individuals who need protection are granted asylum as soon as possible and can start to integrate and rebuild their lives. It is important to note that those granted asylum are given immediate and unrestricted access to the labour market.

I absolutely agree with hon. Members that asylum seekers should be allowed to volunteer. That is why we strongly encourage all asylum seekers to consider volunteering, so long as it does not amount to unpaid work. Volunteering provides a valuable contribution to their local community and may help them to integrate into society if they ultimately qualify for protection.

We have been clear that asylum seekers who wish to come to the UK must do so through safe and legal routes. Where reasons for coming to the UK include family or economic considerations, applications should be made via the relevant route: either the new points-based immigration system or the refugee family reunion rules. We absolutely must discourage those risking their lives and coming here illegally.

The Nationality and Borders Bill will deliver the most comprehensive reform in decades to fix the broken asylum and illegal migration system, and our asylum seeker right-to-work policy must uphold that wider approach. There is, of course, a review of the 2018 report currently under way and I reassure hon. Members that the findings of the updated recent report will be built into this. For all those reasons, I invite the hon. Members for Enfield, Southgate and for Halifax to withdraw the new clause.