Asylum Seekers: Right to Work

Stuart C McDonald Excerpts

Wednesday 11th January 2017 Westminster Hall

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I congratulate my hon. Friend the Member for Glasgow Central (Alison Thewliss) on bringing this important debate to the Chamber and on her fantastic speech, and I thank you, Mr Bailey, my hon. Friend and the Minister for allowing me to make a short speech. I was keen to take up the opportunity, because the matter is important to the Scottish National party. We have campaigned for change for a long time, and that is why we divided the House on the issue during the ping-pong stage of the Immigration Act 2016.

The Government’s position is to deny asylum seekers the right to work. The idea that after one year, an asylum seeker can apply for a shortage occupation job is just a small footnote, for a series of reasons, including the one pointed out by my hon. Friend the Member for Glasgow South West (Chris Stephens). It would be interesting if the Government would tell us how many asylum seekers have enjoyed that right. I understand that they have previously failed to answer written questions on that point.

Sadly, and typically for UK Government policy on asylum and migration issues in general, the position has little to do with principle and nothing to do with evidence, but everything to do with political posturing. Excluding people from the right to work is a lose-lose situation. It is bad for the individual, for the family, for the UK citizens who could benefit from the people in question using their skills, for community cohesion, as the hon. Member for Rochdale (Simon Danczuk) pointed out, and for the public purse, as my hon. Friend the Member for Glasgow Central pointed out.

We are warned by the Government of the danger of creating a pull factor, but are we really to believe that people will decide to up sticks and come to the UK on the off-chance of claiming asylum, becoming one of the minority of people who must wait longer than six months—outside the Government target—and then having the possibility of working? If so, where is the evidence for that? There is no evidence for it. Also, why do those asylum seekers not go to other European countries where there is such a right to work, and a more generous one? Yet again, we are the EU outlier. The whole proposition is nonsense, and I think that the Government know that.

Another argument that the Government sometimes use is that there would be a danger of asylum seekers deliberately frustrating the process, so that their claims would take longer than six months. However, that argument does not stack up. The Government have the power to refuse asylum claims on the basis of non-compliance. The argument does not make any sense.

We are dealing with human beings who have asked for international protection. That is an important right, whatever the outcome of the claim. Whether or not the claims are found to be sound in law, the applicants deserve dignity and fair treatment, so we ask the Government to think again.

[The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I thank the hon. Member for Glasgow Central (Alison Thewliss) for raising such an important issue, and I commend her passionate speech. She is clearly pursuing the issue in the House with great vigour and determination. I also thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for his speech. I am sure to have said the name of his constituency wrongly, so I apologise. I noted also the remarks of the hon. Member for Rochdale (Simon Danczuk). It is disappointing that the shadow Minister did not bother to come to the debate. I see that the hon. Gentleman agrees with me that that is a sad reflection.

It is right to say that, as a general rule, we do not believe it is appropriate to allow asylum seekers to work in the UK. However, we will grant an asylum seeker permission to work in one of the jobs on the shortage occupation list if their claim has not been decided after 12 months, through no fault of their own. We believe that that is fair and reasonable; it protects the resident labour market and ensures that access to jobs is prioritised for British citizens and those with leave to remain, including refugees.

The immigration rules for non-EEA nationals wishing to work in the UK are designed to meet our needs for skilled labour and to benefit our economy. That approach would be undermined if non-EEA nationals could bypass the rules by lodging unfounded asylum claims. It is an unfortunate reality that some individuals make such claims in an attempt to stay in the UK. It is reasonable to assume that some do that because of the benefits—real or perceived—that they think they will gain.

[Stuart C. McDonald]

Will the Minister give way?

[Sarah Newton]

I will not; I have been generous in allowing the hon. Gentleman to make his speech. So that I have the opportunity to answer the serious points that have been raised, I will need to make my whole speech. If he feels that I do not address his concerns, I ask him to write to me.

Allowing asylum seekers earlier access to work risks undermining our asylum system by encouraging unfounded claims from those seeking employment opportunities for which they would not otherwise be eligible. We also must not create further incentives for asylum seekers to risk their lives attempting to travel here illegally. We instead want to encourage genuine refugees to claim asylum in the first safe country they reach.

I know there are those who say, as has been said today, that there is little evidence of a pull factor. I do not agree. We have seen the effect that policies in Europe have had in driving migrant behaviour. In 2015, following a shift in policy, Germany saw its asylum intake increase by 155%. More than 20% of those claims were from countries in the Balkans, which, mercifully and thankfully, have not seen conflict for more than 20 years.

There has been much debate, as has been referred to, about past delays in decision making by the Home Office, but that has been brought under control. In most cases, asylum seekers receive a decision within six months. While they are awaiting that decision, asylum seekers, who would otherwise be destitute, are entitled to free, furnished accommodation that is safe and of a good standard. In preparation for the debate, I met a Home Office official who personally inspects that accommodation in the constituency of the hon. Member for Glasgow Central and was assured of its quality and safety.

A cash allowance is given to asylum seekers to cover essential living needs. It is worth noting that in October, the High Court agreed that the methodology used by the Home Office for assessing the adequacy of payment rates is rational and lawful. The judgment also rightly rejected the argument that the rate should be the same or similar to that paid to benefit recipients by the Department for Work and Pensions. I do not accept that we are in some way treating people in an appalling or degrading way by providing that accommodation.