UK Borders Bill

My Lords, it is recognised that the way in which the International Organisation for Migration works is a very good model indeed. Of course, it may well be that some individuals do not receive the assistance and support that the noble Lord and I would clearly wish. I am grateful to him for drawing that case to our attention. No doubt the correspondence that he is conducting will lead to some further reflection on this. I am grateful to him for undertaking that correspondence. I also make it clear that support is available, under Section 4 of the 1999 Act, for those who are taking all reasonable steps to return home, while that return is being arranged. It is also available where there is some temporary barrier to return. I do not believe that it is right that United Kingdom taxpayers should be asked to fund, potentially indefinitely, those who have been unwilling to make a voluntary return home. We think it is important to make it clear that failed asylum seekers cannot expect to receive support on the same basis as those still in the asylum process. Section 4 support is intended as a limited and temporary form of support. We acknowledge that there are some needs which cannot be met within the existing Section 4 regime and have now commenced a consultation on draft regulations to meet specified services and facilities which will enable us to give additional support to the most vulnerable receiving Section 4 support, including pregnant women and mothers with children. The proposed amendment to repeal Section 4(11)(a) would not have the effect of abolishing vouchers, but would instead restrict our ability to provide for specified non-accommodation-related needs for supported individuals, including those who are vulnerable. We could not agree to such an amendment as to do so would undermine the integrity of the system by sending out mixed messages to those expected to leave the UK. Asylum support is provided as a temporary measure, pending the outcome of the asylum application. To provide support after a negative decision and once the applicant has unsuccessfully exercised his appeal rights could mean that the person would be supported indefinitely at taxpayers' expense. I hope noble Lords are able to see that this is not an option that we can justify nor indeed is it one which I would wish to defend, as it amounts to exploitation of the asylum process in this country. Subsection (1) of Amendment No. 15 seeks to repeal Section 55 of the Nationality, Asylum and Immigration Act 2002. This provision was originally introduced as part of a wider package of measures aimed at tackling abuse of the asylum system and removing incentives to the making of non-genuine claims for asylum. There are a number of safeguards in Section 55 to protect the vulnerable. Children and their families are excluded from its provisions and it does not prevent the provision of support if it would be a breach of human rights not to provide it. Support is not refused under Section 55 to any person who does not have alternative support available, including overnight shelter, adequate food and basic amenities. The essential point of Section 55 is that we are not prepared to use taxpayers' money to support those who make speculative asylum claims or who have some alternative support. Section 55 has been effective in tackling this kind of abuse and, to our minds, sends a clear message to those who are simply economic migrants that they will not be supported at public expense. Agency-published quarterly statistics show that less than 1 per cent of cases refused under Section 55 are granted support following reconsideration. I turn now to Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, which all three proposed amendments seek to repeal. Section 9 provides for the withdrawal of support from the principal applicant and his family, whose claim for asylum has been refused and fully determined and whom the Secretary of State certifies that, in her opinion, have failed without reasonable excuse to take reasonable steps to leave the UK voluntarily. There are, however, exceptions and support will remain available, if necessary, in order to avoid a breach of a person's rights under the European Convention on Human Rights. Section 9 is not designed to make families destitute or to split them up but to influence behaviour to ensure co-operation and to incentivise voluntary return to the country of origin before removal is enforced. In June this year, my honourable friend the Minister of State, Liam Byrne, published the evaluation report on the Section 9 pilot, to which many noble Lords have referred in this debate, which made it clear that the agency does not think that Section 9 is suitable for application on an indiscriminate basis. However, it remains important that we retain a provision to withdraw support from families who wilfully refuse to co-operate with the returns process. We cannot agree to the repeal of Section 9. During Grand Committee stage, the agency agreed to produce draft guidance for asylum case owners on how it proposes to apply the Section 9 provision in any new asylum cases. Draft guidance is now available, on which the agency will consult, ensuring careful and inclusive discussion. I can make this point clear today: there will be no further implementation of the Section 9 provision until after consultation and publication of the finalised guidance. The agency is working to ensure that the guidance supports the case-specific approach for dealing with asylum applications under the end-to-end system. Specialist case owners are now responsible for managing the claimants and their cases through the whole system, until either removal or integration as a refugee. There is a strong focus on ensuring that earlier steps are taken so that those whose claims are not successful leave the United Kingdom in a timely fashion. Those who have been refused asylum have no legal basis to remain here. It cannot be right to give them false hope that they will be able to stay here after their asylum claim has been fully determined. It is particularly important that families should not give false expectations to children, and to make clear that those refused asylum cannot expect to receive support indefinitely. Repeal of Section 9 would also give a right of appeal to the asylum support tribunal where asylum support is refused or withdrawn because of the operation of Schedule 3 to the Nationality, Immigration and Asylum Act 2002. Schedule 3 is an important measure to discourage benefit shopping and prevent support to those within specified classes except to the extent necessary to avoid a breach of their rights under the European Convention on Human Rights or Community treaties. This exception already provides an important safeguard to the operation of Schedule 3. To conclude, the proposed amendments seek to extend asylum support to those who have been found to have no need for international protection and who should be taking steps to leave the United Kingdom. We must, as a Government, maintain the integrity of our asylum system. We have a long and proud tradition of granting asylum and protection to those fleeing persecution and torture, but that tradition must not be abused and exploited. To support indefinitely those who have been found not to need our protection would be to undermine our purpose in protecting the United Kingdom’s borders and our efforts to ensure that those with no right to be in the United Kingdom make arrangements to leave. A number of other questions were raised in the debate which perhaps I have not dealt with in my main address; I shall deal with some of them as quickly as I can. The right reverend Prelate the Bishop of Ripon and Leeds, in his carefully thought-out comments, observed that he thought that the current system was ineffective because, in its denial of benefit and support, it forced failed asylum seekers underground, making removal harder. We endeavour in every instance to maintain contact through a process of contact management. Support is available under Section 4 to all for whom there is a barrier to leaving the United Kingdom. We make a careful assessment of what those barriers might be and, during that process, support is maintained. In his passionate address to your Lordships’ House, the noble Lord, Lord Roberts, made a number of assertions suggesting that we were in breach of Articles 3 and 8 of the ECHR. In particular, my mind alighted on his assertion suggesting that we were depriving even failed asylum seekers of healthcare and treatment. I am not aware that that is the case. Failed asylum seekers continue to receive immediately necessary health treatment, and children continue to receive healthcare—as they rightly should—through the process of being supported and beyond. Of course, we carefully take account of their educational needs as well. Even in how Section 9 is applied the provision ensures that we undertake a careful risk assessment and consultation with all the relevant agencies when any withdrawal of support is considered. In those circumstances, it cannot be argued persuasively in a court that we are in breach of Articles 3 and 8 as the noble Lord asserted, although I understand the passion of his argument and why he makes it as he does. The noble Earl, Lord Listowel, asked me to confirm that Section 9 will be used only in a handful of cases. That is obviously the case and my answer is simply yes. The noble Lord, Lord Avebury, asked in general debate why, in the face of so much opposition, the Government continue with Section 9. As I have said on a number of occasions, there must be a mechanism to stop support for families who have no right to be here and where there is a wilful frustration of the process. I say to noble Lords that, hard though it may seem to consider that that might be the case, even the noble Lord, Lord Avebury, would confirm that there are cases where people wilfully obstruct quite proper processes—processes with many safeguards in place to protect those caught up within the system.