I support my noble friend Lord Avebury’s brilliant analysis of the situation on Section 9. This is not the first time that he has spoken to the issue; we have taken up these issues in previous legislation. I start with the report of the Joint Committee on Human Rights, which, as early as March 2007, said: "““We believe that using both threats and the actuality of destitution and family separation is incompatible with the principles of common humanity and with international human rights law and has no place in a humane society. We recommend that section 9 be repealed at the earliest opportunity””."
That is precisely what my noble friend is saying. When the matter comes up on Report, he can bet that we will divide the House on the issue.
I was taken aback by the Minister’s challenge to the case made out by the noble Earl, Lord Listowel, who I think was right in his analysis and conclusion. If there is one noble Lord to whom I listen carefully on children’s issues, it is the noble Earl. I was delighted by the way in which he presented his case. The issue boils down to a simple fact. We go round the world producing reports on Africa and the third world and saying that we want to eliminate poverty and the factors leading to destitution, but here we are using destitution as a punishment. That is unacceptable and cannot be a value held by a civilised country, and that is what the amendment is saying.
The evaluation of the pilot scheme, so ably explained by my noble friend Lord Avebury, confirms our suspicion about what is going on. The scheme is ineffective and the Government have ruled out its full-scale implementation. But they do not stop there. We waited some time for the scheme. Now that it has been demonstrated that it does not work, they say that it will be left to the case worker to decide whether an individual is trying to avoid deportation and benefits should be withdrawn. One thing is clear: it is one thing to support destitution, although that should not be one of our values; but it is unacceptable to use it as a punishment. Deciding the matter on a case-by-case basis will result in many children falling within this network.
Asylum seekers include not only men and women but the many children who accompany them. By trying to punish the parents we will be punishing the children. Has the Minister consulted the Children’s Commissioner on the implications of the Government’s proposals? Is the Children’s Commissioner happy that we should punish children through the way the Government intend to use this legislation? It is very clear that the Government’s proposals are incompatible with the Children Act 1989. There is no getting away from that. The Children Act is very clear about the duty to promote the welfare of children. I very much hope that the Government will indicate whether consultation took place with the commissioner.
Further, the people who are to implement this policy objected to it. Social workers have objected to it, as have directors of social services, who ultimately have to bear the brunt of it. There is a very clear inherent conflict between Section 9 and children’s legislation.
I am grateful to the Refugee Children’s Consortium, which produced an excellent brief on this matter. If the Minister does not have it, I shall be delighted to send him a copy. I refer to one or two issues in that briefing. It makes an excellent suggestion as regards an alternative approach that the Government could take. It supports the development of an alternative approach to the return of families who have exhausted all appeal rights. It contends that putting in resources at the outset to engage families would result in more dignified and sustainable returns and that, through this, the Home Office’s aim of reducing long-term costs to the taxpayers would be met. That is a sensible suggestion. It further states that the new asylum model’s case ownership framework provides an opportunity to engage families and keep them informed throughout the process, leading to more effective and dignified returns models—models such as the work of the Hotham Mission asylum seekers project in Melbourne Australia. The briefing also refers to other interesting projects.
The Joseph Rowntree Trust recently held an inquiry which reached the clear conclusion that the pilot has caused widespread fear among the children of families who have been removed. This is likely to encourage families to distance themselves further from the Home Office and refugee agencies, and therefore to cause destitution among the children—the point that the noble Earl, Lord Listowel, has made again and again.
The RCC comprises people who are working hard with these children. It concludes that Section 9 has resulted in families being made destitute—as we know—that it places children’s welfare, health and development at risk; that it has the potential to separate children from their parents and family; and that it has resulted in uncertainty and confusion and will eventually inevitably lead to costly and time-consuming litigation paid for out of public funds.
I sum up with the conclusion of the report of the Joint Committee on Human Rights. It stated: "““We believe that using both threats and the actuality of destitution and family separation is incompatible with the principles of common humanity and with international human rights law and has no place in a humane society. We recommend that section 9 be repealed at the earliest opportunity””."
We shall do everything in our power to make sure that that happens.
UK Borders Bill
Proceeding contribution from
Lord Dholakia
(Liberal Democrat)
in the House of Lords on Wednesday, 18 July 2007.
It occurred during Debate on bills
and
Committee proceeding on UK Borders Bill.
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