That is absolutely right. I am trying to make the point that the section 11 duty is about not simply safeguarding, but enabling"““children to have optimum life chances and to enter adulthood successfully””."
As the hon. Gentleman knows, the DRC is the size of western Europe. There are places in the DRC to which the asylum and immigration tribunal has consistently found it very safe to return people. However, one can easily envisage how a cunning and clever lawyer could look at the part of the obligation that I cited and question how deporting a child from the world’s fourth largest economy would promote optimum life chances or help that child to enter adulthood successfully. That is my fear. I do not think that anyone in the House would want us to remove defences in a way that prevents us from deporting people successfully. I genuinely think that hon. Members understand that if defences are weaker, Britain will become a target for child traffickers, and no one in the House wants that.
We need to go further in ensuring that the Border and Immigration Agency has a stronger safeguarding obligation. I have sketched out a couple of ways in which I think that that can be brought about, but I remain open to the argument that a legal requirement should be put on the BIA, and a specific safeguarding element should be written into the law. I have yet to be convinced of that, and I do not think that the answer is in section 11 of the Children Act 2004—but when the Bill goes to another place there will still be a case to be listened to and answered.
UK Borders Bill
Proceeding contribution from
Liam Byrne
(Labour)
in the House of Commons on Wednesday, 9 May 2007.
It occurred during Debate on bills on UK Borders Bill.
About this proceeding contribution
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2006-07Chamber / Committee
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