Immigration Bill — House of Lords, 2016-02-03
Topic: Immigration
David Alton (Crossbench, Unknown): My Lords, the noble Lord, Lord Roberts, has reminded us that this clause is about forced destitution. Is it right that in a country such as this, which is one of the wealthiest in the world and upholds humane and civilised standards of decency, we should leave people without adequate resources believing that it is a way to somehow force them to leave the country? At Second Reading, I rehearsed some of the arguments. I mentioned Asylum Link Merseyside, of which I am a patron, and the work it has done that demonstrates that that simply does not work, because when parents, rightly or wrongly, think that their children’s lives will be at risk if they return home, they will generally consider that becoming destitute in the United Kingdom is the better option available to them. That is why the noble Lord, Lord Rosser, is right to ask whether we wish this clause to remain part of the Bill and to argue why it should not stand part Asylum Link Merseyside works with asylum seekers, but as my noble friend Lord Sandwich and others have reminded the Committee, the Home Office commissioned its own report into these things—I think that the Home Office study covered a cohort of about 116 families. It found that the rate of absconding was 39% for those in the Section 9 pilot but only 21% in the comparable control group who remained supported. Only one family in the pilot was successfully removed, compared to nine successful removals in the control group, and, "there was no significant increase in the number of voluntary returns … of unsuccessful asylum seeking families" That is why the Home Office concluded that Section 9 should not be used on a blanket basis. Removing Clause 37 would remove something that we know does not work, that is likely to be more costly, that is an inefficient support system and that will clearly, as others have said, put the welfare of children at risk The Bill will establish a highly bureaucratic system which will be burdensome to administer. Local authorities will remain the body to which destitute refused asylum seekers who have fallen through the safety net turn for support. They will have to conduct eligibility tests and assessments to see whether support is required in order to safeguard the welfare of a particular child. In these cash-strapped days, do we really believe that local authorities will be in a position to do that? The complexity of these new arrangements means that families with children are likely to fall through the gaps in the system and find themselves destitute, at least temporarily. The consequences of refused asylum seekers being left without support, even for short periods of time, is extremely serious as it causes illness and complicates existing health problems Some noble Lords, including the noble Baronesses, Lady Lister and Lady Hamwee, were able to attend a briefing a few weeks ago which was given by, among others, Still Human Still Here. I asked then for some illustrations of how this could work out in practice. I shall give two brief examples. Still Human Still Here mentioned a 2012 serious case review which involved an asylum seeker who developed a brain infection and could not look after her child. The boy starved to death and the mother died two days later. The family became destitute during the transition from asylum to mainstream support, leaving the family, "dependent upon ad hoc payments by local agencies" The review expressed, "concern about the adverse consequences on vulnerable children and the resulting additional pressure on local professional agencies", when support was cut off. In 2011 a serious case review involving child Z noted that the circumstances of the child’s mother, a refused asylum seeker facing removal with a life-threatening illness and caring for a young child with few support networks, "would challenge any individual's coping strategies" It stressed that the, "need for high levels of support for someone with such vulnerabilities was clear", and the absence of this support was a major factor leading to the woman’s death and her child needing to be looked after Both these cases highlight the consequences of leaving vulnerable families without support, and I therefore have some questions for the Minister. The Government’s proposals leave the detail of the new support provisions, including the level of support, to regulations. First, will the Government provide an assurance that the level and type of support provided under Section 95A or new paragraphs 10A and 10B of Schedule 3 to the 2002 Act will meet the essential living needs of asylum seekers and that the housing provided will be appropriate for vulnerable children and their families Secondly, the Government have stated that it will not be possible to apply for Section 95A support after the prescribed grace period, which is 21 days for single adults and 90 days for families with children. Will the Government provide an assurance that the regulations which permit applications outside the grace period will include changes of circumstance, such as when asylum seekers who were previously supported by friends or family become destitute or when asylum seekers encounter a barrier to return after the grace period is over Thirdly, will the Government consider amending language which prevents local authorities providing support under Section 17 of the Children Act 1989 where, "there are reasonable grounds for believing that support will be provided", as it is likely to leave families destitute for considerable periods of time while responsibility is determined Fourthly, and penultimately, while local authorities will be able to provide accommodation and subsistence support when they are satisfied that it is needed to safeguard and promote the welfare of a child, regulations will be laid specifying factors which the local authority must or must not take into account in making this decision. What factors do the Government intend to specify must or must not be taken into account Lastly, will the Government provide an assurance that the best interests of the child, which were referred to by the Minister’s noble and learned friend in earlier exchanges, shall be a primary consideration in the operation of any actions concerning children in the Bill —a point that I think will be reflected on in response to what the noble Lord, Lord Rosser, said earlier—and that the new mechanisms of support set up in the Bill will ensure that every child has a right to, "a standard of living adequate for the child’s physical, mental, spiritual, moral and social development"? Those words are required by the Convention on the Rights of the Child. I hope the Government will consider bringing forward their own amendment at least to put that in the Bill I realise that the Minister may not be able to answer those five questions now, although I hope the Box will be able to provide him with some response. However, at least between now and Report, I hope that he will give reassurance to all noble Lords who have participated in today’s debate supporting the excellent points that the noble Lord, Lord Rosser, made in moving that this clause should not stand part of the Bill.