Passports: Parental Identification

Nick Hurd Excerpts

Friday 1st December 2017 Commons Chamber

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

I genuinely congratulate the hon. Member for Hampstead and Kilburn (Tulip Siddiq) on securing this debate and, as she made clear, on giving voice to the many people who feel aggrieved about the issue—that is not in doubt. She is entirely right that the bureaucratic systems that we set up have to keep up with the times. Her experience at the airport sounds horrendous, and I would feel exactly the same as her if I was in that situation. Her experience has triggered a reaction from the many people who have been made to feel the same way. She said that she was made to feel as though she had done something wrong, and that is wrong.

I encourage the hon. Lady to listen carefully to the end of my remarks, because I will place on the record some things that I have to place on the record, some of which will sound a little inflexible and unhelpful. However, I spoke with the Immigration Minister this morning, and he wants to try to find a way forward. If that is not evident from the prose that I am about to disgorge, I ask her to listen carefully to the end of my speech. There is a lot of common ground here, and I am sure that the hon. Lady and I are as one on wanting to ensure that people legitimately entering the UK have an experience that is as swift and easy as possible when crossing the border. Everyone shares that objective. As a parent of six, I understand some of the additional challenges of travelling with small children, so I certainly do not underestimate the stress that that can cause, and our border system should not be doing anything to exacerbate that stress.

I am sure that the hon. Member for Hampstead and Kilburn will agree that ensuring a smooth and swift passage through the border cannot be the only objective. It is equally important to carry out checks to ensure that those who cross the border are doing so lawfully and legitimately, which of course involves carrying out checks and a Border Force officer conducting an interview where any factors warrant further interest.

An important element of that—again, I am sure there is no difference between the hon. Lady and me on this—is ensuring that the system protects the welfare of children whomever they are travelling with. Of course, the vast majority of children who cross the border are travelling with one or both parents, often returning from a holiday, and there are absolutely no grounds for concern.

But, sadly, we cannot ignore the fact that there are cases that give rise to safeguarding concerns where children are taken across borders, be it because they are travelling without the consent of others, because of trafficking, forced marriage or abduction, or because they are travelling in contravention of a court order. Additionally, there will be many instances where children travel when not with a parent or guardian—again, mainly with consent, but there are occasions when that is not the case. I hope the hon. Lady will agree that we have to take reasonable steps to ensure that we avoid putting children at risk.

Quite rightly, Border Force officers are required at all times to consider and protect the welfare of children who are travelling. Under section 55 of the Borders, Citizenship and Immigration Act 2009, all those concerned with the operation of the borders and immigration system have a statutory duty to safeguard and promote the welfare of children, which means they may stop anyone where they have reason to undertake further checks. The key point is that this duty would not change, nor should it, if parents’ names were to be included in children’s passports.

I understand why the hon. Lady makes these suggestions, and I can see why it appears attractive to provide information to border officials from a verified source. However, information in a passport can only reflect the situation at the point when the passport was issued. Children’s passports last for five years, and a lot can happen in that time. Relationships can break down, parents may disagree on the best arrangement for the child, and the police, social services or the courts may become involved. Information in a passport could rapidly become out of date and need to be replaced.

A passport, other than one that is brand new, even if it contains parents’ names, would not provide conclusive evidence to a Border Force officer that the person accompanying a child has the right to do so or is acting in the best interests of the child’s welfare. The Border Force officer would still need to make inquiries and be satisfied that no further intervention is required, exactly as now.

The hon. Lady has proposed that HM Passport Office adds an observation to the child’s passport detailing parents or guardians with a surname different from the child’s. This information could be verified only at the time the passport was issued and, due to the ability to change names in the UK and overseas, and the fact that circumstances can change, this could rapidly become out of date. The point about observations is that they, like the core information in a passport, are designed to be about the individual and last for the lifetime of the passport.

The hon. Lady may be aware that the Foreign and Commonwealth Office adds the name of the person with whom a child is travelling to an emergency travel document when it replaces a lost passport. However, it should be remembered that, in such instances, the family will be subject to interview. All those with parental responsibility must provide consent, and the document is for a single verified journey. The person or persons travelling with the child will have been subject to at least the level of checks undertaken by Border Force.

I appreciate that questioning by a Border Force officer may appear intrusive or unnecessary, although, as I have explained, it is done from the best of motives. To allow those travelling with children to prepare, and to make travel as smooth as possible, we have published a leaflet, available on gov.uk, titled “Children travelling to the UK” setting out in what circumstances we might ask questions of a person travelling with a child and why we might do so—principally the child protection reasons I have set out.

The leaflet sets out suggested documents the accompanying adult might want to bring to help smooth the process. It also refers to the questions we might ask and contains a firm commitment:

“We will always do this as quickly as possible and in a way which is sensitive to the interests of the child and the adult involved… We do not wish to delay your journey any longer than necessary.”

I appreciate the sincerity of the hon. Lady’s position and the way in which she has advanced her cause. When she says she will not give up, I absolutely believe her. I have sought to explain that there are formidable difficulties with what she proposes, and we need to be certain that nothing we do, however well intentioned, has the effect of increasing the risk to children. As a mother herself, I am sure she will appreciate that.

Having said that, I have spoken to my right hon. Friend the Immigration Minister and I know he understands that the present situation is causing difficulties, particularly in cases where children have a different surname from that of a parent. I am therefore happy to give the hon. Lady the commitment, on his behalf, that he will actively consider how we can take this forward. Child protection is an absolute imperative, and we cannot compromise on that, so I am certainly not going to stand at this Dispatch Box today and make promises that cannot be delivered on. However, I do give her the absolute undertaking that he will give this matter his fullest consideration, with the aim of trying to find a workable solution. I again congratulate the hon. Lady on securing this debate and I am sure that this will not be the last word on this matter, either from her or from the Government.

Question put and agreed to.