UK Borders Bill

I used the term ““proposal””, which does not contradict what the noble Lord said that Lin Homer had said. I think it would be helpful if I set out the background. I do not think that there is much of an issue here about the importance of age determination, because there is evidence of very serious abuse of the asylum and support system by adults claiming to be children. I believe that all Members of the Committee would accept that that can lead to very serious child protection issues, as it can result in adults being placed in accommodation designed for children, with all the potential that that opens up for abuse. There are also cases of children having been incorrectly assessed as adults, and thus having been placed in adult accommodation, thereby placing them at possible risk. Both the Government and local authorities need to work together to improve age assessment procedures, which is precisely why we have been considering this proposal. We remain of the view that a social worker’s assessment of age, drawing on that person’s professional experience in dealing with children, should remain the primary means of assessing age. However, we believe that a dental X-ray can be a useful additional tool in the overall decision-making process. As the noble Lord, Lord Avebury, has said, some local authorities already arrange a dental X-ray and subsequent report by an expert in the field to assist in their final decision. It is entirely up to the individual to decide whether he or she wishes to undergo such an X-ray. Nothing that we propose will change these arrangements. We do, however, wish to standardise the arrangements, so in a sense we agree in part with what the noble Lord says. We can then ensure that the procedures for obtaining informed consent are applied consistently. X-rays cannot determine age absolutely precisely; indeed, no procedure can give that certainty. We do believe, however, that they can provide a better means of narrowing the range of possible ages than other techniques, and can thus assist the decision maker. It is true that any X-ray procedure involves some exposure to ionising radiation, but we have been advised that the risk of harm is extremely small. Most children, regardless of their immigration status, are likely to undergo dental X-rays as part of routine healthcare checks. It is our policy, in the absence of any credible documentary evidence or other persuasive evidence to demonstrate the age claimed, to accept a social worker’s assessment of age. This is widely supported by most stakeholders, including the main children’s charities and, importantly, by refugee organisations. This amendment, if accepted, would make the operation of that policy very difficult. It would appear to mean that an immigration officer would not be able to take into account a social worker’s assessment if it depended in any way on dental analysis. Equally, it would appear to prevent an individual from obtaining an expert opinion on his age through a dental X-ray. Therefore, it could work both ways. The establishment of a code of practice to keep children safe from harm, which we debated on the first Committee sitting, will provide additional safeguards to those which will be included in the arrangements for dental X-ray. We are committed to finding ways to improve the current process for age assessments and to minimise the serious child protection issues that arise following incorrect assessments. Many EU member states, for example Denmark, France and the Netherlands—I believe that I mentioned those countries at Question Time—use dental examinations for the purposes of age assessment. However, there is variation between EU member states. We have commissioned a review of existing research in response to some claims that there might be ethnic variations in dental development. It is right that we should consider these findings and responses to the consultation before taking any further action. I have dealt in part with the point raised about the accuracy or otherwise of dental X-rays. I explained that we have commissioned a further review. As for why the Government have changed their position on the use of X-rays since the 1981 report, the answer is twofold. First, the number of people claiming to be children has risen dramatically since 1981 because the level of claims for asylum has gone up dramatically. Although the general asylum intake figures have reduced in the past five or six years, the number claiming to be children has remained constant, at least in the past three years. Therefore, it is now, more than ever, vital to ensure that we have the right age assessment—