Refugees (Family Reunion) Bill [HL] — House of Lords, 2021-09-10
Topic: Immigration
Donald Anderson (Labour, Centre-left): I broadly support the Bill, including the provisions on legal aid, but I am wary of giving an unfettered right in all circumstances for applicants to bring in members of a family as broadly defined. In principle, of course, we should do all that we can to encourage family reunion: it is good for the individuals concerned, for society, for what our prayers at the start of the Sitting refer to as the "tranquillity of the realm" and for promoting stability, which the noble Baroness talked about in her opening. Of course, the topic is salient and likely to become even more so, given the pressures on this crowded island, from Afghanistan, Hong Kong and likely increased migration demands from Africa, the population of which is forecast to double, to 2.5 billion, by 2050 Some of the problems arising from the Bill relate to the wide definition of "family", which can be referred to in Committee. In many countries, "family" can be quite a fluid concept, and many countries have rather inadequate records, which could of course encourage fraud. I represented many applicants when I practiced at the Bar, and I was impressed, first, by the terrible conditions of insecurity from which so many were forced to flee. I was also impressed by the attractiveness of the UK for migrants, which means that many people, such as Afghans in the past, have travelled past Shia Iran, Sunni Turkey and even European transit countries, or via Indonesia to Australia I am also very much aware of the Bill’s provision that the applicant must have been granted refugee status or indefinite leave to remain. I am aware of not only, as I mentioned, the attractiveness of the UK but also, alas, the deviousness of traffickers, who prey on the human suffering and the individual’s natural aspirations to improve their and their family’s lot Do the Government or the Bill’s noble sponsor have any idea or estimate of the numbers likely to be involved, because numbers do matter? If we accept a relaxation of the rules, as I do, we cannot be naive and ignore the many obvious tactics likely to be used by traffickers who will seek to exploit every possible loophole in the Bill. For example, I have heard suggestions—I concede that this was in Albania—that traffickers obtain money from parents, promising to ensure that their children will reach the UK and the parents will be allowed thereafter to follow them, which is less possible now but likely to be very probable under the Bill The Bill gives the relevant child, at the age of 18, the unfettered right to bring the family here; the only barrier appears to be on grounds of national security. Would fraud, if detected, be deemed to be another barrier in certain circumstances? How substantial that is, I do not know, but there can be collusion and I would like to know how the Government view that. Is there much evidence of it happening? Is it a real problem? Can the Minister say a little more about how other countries faced with similar problems respond? How do they deal with fraud? Do they include some discretion, because there must ultimately be some discretion on the part of a Government in such cases? Even if, as I concede, there is a presumption of the right of family reunion, how have other countries addressed this problem? If we accept, as I do, the principle of family reunion, should we not also accept the case for measures to deal with potential abuse? My experience tells me that we have to be both principled in cases like this and worldly-wise.