My Lords, I thank the right reverend Prelate the Bishop of Southwark and the noble Baroness, Lady Hamwee, who have both signed my amendment. When we debated family reunion in Committee, the only crumb of comfort that the Minister could offer was that the relevant application form had been simplified and better guidance provided for caseworkers. For that small mercy, I am grateful.
Since the official text of the Dublin III regulation, which I have seen, runs to some 13 or more pages of official prose, it is very difficult for laypeople to understand. It was disappointing that the Government saw fit not to accept the very mild amendment from the Labour
Front Bench that simply asked for a review of the rules governing family reunion to be laid before Parliament. For this reason, I feel fully justified in bringing back my earlier amendment. This benefits only those people already registered as refugees or in clear need of international protection. It therefore chimes in with government policy to help the more vulnerable people to come to Britain.
The effect of Amendment 120 would be to assist families that are already split, with some members here and others overseas. By widening the categories it would prevent additional families becoming split; for example, by the current exclusion of children over the age of 18. It seems important to make family reunion possible for children of all ages—including adopted children, who are often currently refused. It should be possible also for parents, grandparents, siblings and civil spouses. In all cases, it could be a condition that there be no recourse to public funds. Your Lordships may have noticed the case of Mrs Myrtle Cothill, aged 92, who recently won the right to remain here despite Home Office opposition. Subsection (2) of the proposed new clause is important for securing legal aid for this category of refugees.
It can hardly be said that the Dublin process has been a resounding success. How are refugees to know about it? Let us take as an example those in the north of France. Most of them cannot speak French, and anyway distrust all officials, whether French or English. They and other split families need a simple, well-publicised procedure that overcomes a lack of knowledge of where close family members are and how to contact them.
Ideally, those in Britain should be able to sponsor their next of kin, while those overseas should be enabled to contact a central clearing house. This would prevent what the Minister calls “hazardous journeys”, both cross-channel and from further afield. It would prevent people falling into the hands of traffickers and supply safe and authorised routes.
It may be argued that the Secretary of State already has discretionary power to give exceptional leave to enter or remain outside the normal rules. However, as the noble Baroness, Lady Hamwee, pointed out earlier, that power is used very sparingly, with only 12 cases known in 2014. Has the Minister a more recent figure than that? Once again, I ask: how can split families know that such a power exists? Further difficulties arise over access to British embassies and consulates, travel to which can be expensive or impossible. Even those who can reach our posts face heavy fees for visas and problems of documentation.
The British Red Cross laid out eight feasible improvements in its briefing dated January of this year. Have these been discussed and, if so, with what result? When I put down a Written Question calling on the Government to meet the Red Cross, the reply was, “We are constantly in touch”. I think that we are entitled to know what has happened.
There is strong support for the amendment throughout the country. It is backed not only by the Red Cross but by Save the Children, Amnesty International, the Refugee Council and the Immigration Law Practitioners’ Association. Taken together, these organisations have more members and supporters than the Conservative Party. I said in Committee that increasing family
reunion provides a triple benefit: to the families themselves; to social cohesion in our communities here; and to the Government by increasing family incomes and reducing demands on statutory services. The Government’s offer to take in 20,000 Syrians who have been approved by the UNHCR looks good, but will they ask the UN body to give priority to family reunion cases, even where the relationship may be more remote than is set out in the amendment? We want happy families, not just families who will be sad and isolated when they come here.
I realise that this amendment may be too widely drawn and is sure to draw the fire of my noble friend Lord Green of Deddington. If that is the case, I urge the Minister to take the amendment away. Either he can give us positive assurances that the procedures for family reunion will be radically improved without delay or he can undertake to come back with a text for Third Reading which puts the matter beyond doubt. I would particularly like to hear the Government’s thinking on involving the UNHCR in family reunion and on the chances of having a clearing house for applications from overseas. I do not propose to press this amendment, but I understand that Amendment 122A, which I also support, may well go to a Division. I beg to move.