Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Tim Loughton Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Mr Carmichael]

That is indeed the case. However, the rhetoric and the reality do not always provide a perfect match in this regard. But in fairness, and at the risk of playing with semantics, it would not be that difficult to achieve a more compassionate system because we are currently starting from an exceptionally low base. At the end of June this year, even in the midst of the pandemic, there were 40 people who had been in detention for over a year and four people who had been in detention for more than two years. This has particular importance when one considers the other areas that we have discussed, such as the right to family reunion for child refugees. To pick up the point from the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) in relation to amendment 9, I endorse his views on human trafficking. The problem in all these cases is that we do not get upstream because we do not get the necessary co-operation from the victims themselves. If the focus in our system was on catching those who are responsible for the trafficking, and not those who are the victims of it, we would be in a much stronger position. The issue of unlimited detention goes right to the heart of that. It is about which end of the telescope we see the problem through.

The amendments that are before the House this evening are all significant improvements. I hope that the Government, on reflection, will find a way to engage with this in a more constructive and compassionate way.

[Tim Loughton (East Worthing and Shoreham) (Con)]

It is difficult, in six minutes, to do justice to such an important piece of legislation, with such a diverse set of amendments. I want to speak primarily to Lords amendment 3—the old new clause 2 that I proposed on Report—and Lords amendment 4, which is the old new clause 29 on the Dublin replacement. However, I also support Lords amendment 6, previously proposed by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), and Lords amendment 9, which my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) spoke so eloquently about.

On Lords amendment 3, we had previous arguments about lots of children in care going under the radar. There are now just eight months to go until the end of the EU settlement scheme. The Home Office originally told us that it estimated that there were some 9,000 EU children in care and care leavers in this country, but now, after a survey completed by 90% of local authorities, it suggests that the figure is under 4,000. Why the drop? At a similar time, it estimated that the number of EU adults who would register to qualify for the EU settlement scheme would be 3 million, but it has turned out to be over 4 million. Why does the number for children in care go down and yet the number for adults has gone up?

These children are of course already in this country. Not a single additional child will be brought into this country under this legislation. It is about regularising status and giving those children safety and giving confirmation to children already in this country. That is why the amendment is still very important. We risk another Windrush scandal for a particularly vulnerable set of children growing up in care who inevitably have more chaotic lifestyles than most people.

Recent research by the charity Coram, “Children left out?”, highlighted the mixed practice among local authorities in identifying and supporting children in care through the EU settlement scheme, with fears that some authorities are making no attempt to identify children in their care who need to regularise their status. Of course, there is no incentive for authorities to regularise that status through citizenship when it costs £1,012, for every child, to do that.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

My hon. Friend is drawing attention to a very important issue. Does he agree that the crucial point is that a local authority may have the statutory duty as the corporate parent, but if the child does not have documentary evidence proving their nationality—not their residence, which the local authority can prove easily, but their nationality—the local authority is unable to take forward the application at all? I hope the Minister will be able to address that issue when he responds to the debate.

[Tim Loughton]

That is absolutely right. It is very difficult to replace documents, and many people come here without any documents. We are relying on the timescales of high commissions and embassies in various EU countries, and it is not exactly a priority of social workers, who are snowed under with all the other safeguarding work they have to do.

This is a really important amendment. Interestingly, there was a judgment by the Local Government and Social Care Ombudsman against Liverpool Council. A care leaver complained that the council had failed to regularise his immigration status and failed to secure him British citizenship and a passport, which meant he could not travel or work. That complaint was upheld. The Government did not vote against the amendment in the Lords, so what has changed between then and tonight? This is a great opportunity for the Government to show why such a provision is necessary, without adding a single additional person to the immigration figures, if that is what they are actually worried about.

--- Later in debate ---

[Karen Bradley]

It is often said that these are older children aged 14, 15 or 16. I have a 14-year-old, and if my 14-year-old did not have me, I would want to know that they could go to one of my family, be that my brothers or my in-laws. Does my hon. Friend agree?

[Tim Loughton]

My right hon. Friend is right. I have met many of these children in camps in Calais, in Zaatari in Jordan and in some of the less well-run camps in Greece. These are real children, bereft of parents in many cases, with just a link in the UK. Without this amendment—without a replacement for Dublin III—those children have no obvious safe and legal route to get to the UK.

The Minister rightly says that we have been very generous in this country through various other schemes, and I agree. Some 7,400 family reunion visas were issued in the year to March, and there is also the vulnerable persons resettlement scheme and the hugely successful Dubs scheme, under which 480 children have come here. Like everybody, I pay tribute to Saint Alf Dubs for the fantastic work he does for this cause. It was a privilege to go to the United Nations and the Zaatari camp in Jordan with him. Of course, the Dubs scheme is full, and none of those other schemes is currently operating. From 1 January, there will be no effective mandatory family reunion scheme either, and there will be no safe and legal route for these children to come to the UK.

I am tough on the illegal migrant channel crossings. I think many of those people who can afford to pay people smugglers are effectively jumping the queue ahead of those who are in refugee camps, who are going through due process and who are abiding by the rules. If we are going to be tough—and, gosh, we need to be tougher on those routes, which line the pockets of people smugglers—we need to make sure we have alternative safe and legal routes for those genuine vulnerable refugees, particularly children, to whom we have a duty of care and can offer a safe haven in this country.

Of course, this has come at the worst time, as we heard from the Labour Front Bencher, after the fires in Lesbos at the beginning of September, in camps that were already five times over capacity, with over 13,000 people residing in a centre built for 2,757. There are now more than 1,600 unaccompanied children on the Greek islands, many whose basic needs are not being met, and many of these children have chronic illnesses. As of last week, there were more than 300 covid cases on Lesbos alone, with a hospital that has capacity for just 50 people. These are deeply vulnerable children, dangerously exposed to people traffickers and other exploitation.

Some 7% of these children are under the age of 14, yet we have no scheme to deal with them, despite having taken many reunification cases earlier in the year for such children. France has taken 350, Portugal 500, and Belgium, Croatia, Finland, Germany, Ireland, Latvia, Lithuania and Slovenia are taking these children. What are we doing about it, Minister? The Government have said we do not have places for them, but more than 30 local authorities have identified 1,400 places if the Government will make the scheme work and will pay the cost of it.

We need a Dubs 2, and we need a family reunion scheme, regardless of Brexit. We need it. We have a great tradition of saving these children; if we do not have it in this Bill, come 1 January, we will have no safe and legal route for very, very vulnerable children.

[Several hon. Members rose—]