UK Borders Bill

The Government agree with Lords amendment No. 19, but resist amendments (a) and (b) for reasons that I will set out, but before I do so, I wish to put on the record my personal thanks to right hon. and hon. Members on both sides of the House who have taken part in debates in the Chamber and in Committee. The hon. Member for Ashford (Damian Green) is right to say that this has been one of the most important parts of our debates, and I am grateful for the light that that has shed on the question. I am also grateful to Professor Al Ainsley-Green, the children's commissioner, with whom I have met and discussed these proposals; to the Refugee Children's Consortium, which includes Barnardo's and the Children's Society; and to the Association of Directors of Children's Services in England and officials in devolved Administrations not only for the help that they have given to us in getting the duty that we have introduced framed in the way that we have, but for the assistance that they have given to us in putting together a much broader programme of reform in how the Border and Immigration Agency treats children. This duty is one of four important measures that I have introduced over the past 12 months. We have the duty that we propose here. We have the new safeguarding code. We are now in the process of piloting alternatives to the detention of families with children. That pilot scheme will soon be operational. Of course, we are also consulting publicly on how our policies on unaccompanied asylum-seeking children can be changed. In particular, I am keen to see a much stronger provision of local authority care, with specialist authorities coming forward to look after unaccompanied asylum-seeking children, thus providing much greater protection than is currently available. It is not a case of eventual persuasion being needed, but part of a much broader and systematic programme of reform across the BIA. There have been debates about section 11 in the Chamber, in Committee and in another place, so I shall not rehearse all the arguments, save to point out that section 11 of the Children Act 2004 contains a double-headed duty. It is not only about keeping children safe but about promoting their welfare. The hon. Member for Ashford errs just a little when he colours the argument by stating that Ministers say it would be impossible to enforce the immigration rules if section 11 was imposed on the BIA. That is not the argument. The argument is that it would create the risk of judicial reviews and other legalistic devices being thrown against the agency, which will slow down its ability to remove people to the country from which they came—when courts have said it is appropriate to do so. Where there are chinks of light for people who want to resist BIA actions, they are pursued with some force, so my concern is that when Home Office lawyers and, in particular, BIA operational leaders, say that there is a risk that judicial reviews will multiply, it will slow the process of legitimate removal. That is dangerous, because where there are barriers to legitimate removal, we know they will be exploited by those who seek to do children harm. In a nutshell, if a section 11 duty was imposed on the agency, it would not be a risk-free measure; it would create a new risk—that the deportation removal process would be slowed down—and we know that is bound to be exploited by those who could do children harm.