Asylum Seekers: Channel Crossings

Debate between Baroness Berridge and Lord Murray of Blidworth

Thursday 7th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I say, the history of effecting returns has been difficult hitherto, as it was under the previous Labour Administration. However, I am glad to say that returns are now being effected very successfully to those countries with which we have an agreement, such as Albania, as identified by the noble Lord. Further work will be done in relation to that. Of course, once we have the outcome of the Supreme Court litigation, and the avenue of removal to a safe third country is available, one would anticipate that the number of removals will increase.

[Baroness Berridge (Con)]

My Lords, could my noble friend the Minister please elaborate on when he expects the Illegal Migration Act to be in force, because it makes lawful the Home Office accommodation of children who obviously are not going be returned under that Act? Could he outline to noble Lords whether there will be statistics about where children actually end up once the Act is in force? Will we know whether they are in hotels, or whether they are under the care of the local authority?

[Lord Murray of Blidworth (Con)]

I have no doubt that the Home Office will provide statistics, as it does at the moment, on a regular basis. As to the indication of when the provisions of the Illegal Migration Act in relation to transfer come into force, that depends on a number of variables, not least the position in relation to the litigation. However, I am sure that I will be able to revert to the House in due course with news on that.

Illegal Migration Bill

Debate between Baroness Berridge and Lord Murray of Blidworth

Report stage
Monday 3rd July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

It is obviously necessary that the Bill contain a power to allow for such a transfer, in order to ensure the appropriate removal of a child on attaining their majority, for example, or for any other purpose that might be necessary to ensure implementation of the scheme. The Government expect local authorities to meet their statutory obligations to unaccompanied children from the date of their arrival in the United Kingdom, and that the Home Office step in only sparingly and temporarily. Indeed, an unaccompanied child in scope of the scheme may enter local authority care without first being accommodated by the Home Office under this power. However, it is important that there be legal certainty about the ability of the Home Office to step in to ensure that an unaccompanied child arriving on the south coast can immediately be accommodated and supported.

As we have just discussed, Clause 16 then makes provision for the transfer of an unaccompanied migrant child from Home Office accommodation to a local authority in England. The clause provides a mechanism for the Secretary of State to decide that a child is to cease residing in Home Office accommodation and to then direct a local authority in England to provide accommodation to the child, under Section 20 of the Children Act, after five working days of the direction being made. As was the subject of the intervention a moment ago, the Secretary of State may also direct a local authority in England to cease accommodating an unaccompanied child and to transfer the child into accommodation provided by the Home Office after five working days of the direction being made. This power is the subject of the right reverend Prelate’s amendment.

I suggest, with respect to the right reverend Prelate, that this amendment is unnecessary given that protections are already in statute in Section 55 of the 2009 Act, which I have already referred to. The Secretary of State is required to have regard to the interests of children as a primary factor in immigration decisions affecting them. Let me be clear: best interests are not the only factor that must be considered; other relevant factors, such as close consideration of individual circumstances, must be taken into account. In making decisions and devising policy guidance under this Bill, the Home Office will continue to apply the Section 55 duty.

We are working through the operational processes relating to unaccompanied children and the circumstances in which we will use this power. This includes engaging with stakeholders to understand the concerns they might have about the power to transfer unaccompanied children into Home Office accommodation. We are working very closely with the Department for Education, as we want to deliver the objectives of the Bill while being mindful of the needs of children and young people. I hope this provides some reassurance to noble Lords.

[Baroness Berridge (Con)]

My Lords, I refer my noble friend back to his point about legal certainty and the very narrow question I asked: is it correct that while the Home Office is accommodating these children before they go into local authority accommodation, they actually have no parent?

[Lord Murray of Blidworth (Con)]

It is clearly right that in the situation that arose with the rush of people crossing the channel—which gave rise to this legislation—consideration had to be given to the legislative arrangements. The situation in law is clear and is as my noble friend set out. The Home Office is able, in extreme circumstances, to exercise this power on behalf of local authorities. As I say, the purpose and intention of these provisions is to look after children only for as short a time as possible before transferring them to the care of local authorities. I want to stress that the Home Office is having to accommodate unaccompanied children out of necessity.

Passports: Strike Action and Voter ID

Debate between Baroness Berridge and Lord Murray of Blidworth

Monday 20th March 2023 Lords Chamber

[Baroness Berridge (Con)]

There is a simple failsafe. It is really important that people can vote and, having sent off their passport, they might not think that they will need it. But every time the Passport Office receives an application, it sends an email that says, “We’ve safely got your passport”. Attached to that email could be a little notification saying, “If you’re relying on this as your ID for voting, please make sure that you have one of these other forms”—or it could signpost them to the free voter certificate, which would kitchen-sink this so they can vote.

[Lord Murray of Blidworth (Con)]

I thank my noble friend for that suggestion. Great efforts are made to advertise the availability of the voter authority certificate. Anyone concerned that a document that they intend to use will not be available by polling day may also apply to appoint a proxy up to 5 pm on polling day itself—so considerable steps have been taken to address my noble friend’s point.

Asylum Seekers

Debate between Baroness Berridge and Lord Murray of Blidworth

Tuesday 17th January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As the noble Lord will be aware, in the Rwanda decision, the High Court considered the application of Article 31 of the refugee convention. I commend the High Court’s reasoning to the noble Lord in answer to his question.

[Baroness Berridge (Con)]

In the debate in the name of the most reverend Primate the Archbishop of Canterbury, there was much discussion of the Ukraine situation and Hong Kong. To the general public, those schemes seem like asylum to a place of safety, but in fact they are technically visa schemes. Could my noble friend the Minister outline that we do not seem to have the same problem in relation to those schemes? If he does not have the figures to hand, could he write to confirm what the average wait time is for vulnerable groups applying for those visas?

[Lord Murray of Blidworth (Con)]

My noble friend is correct. I do not have to hand the figures on the wait for BNO applications from Hong Kong, which I think was the thrust of her question. I will find that out and write to her.

Asylum Seekers: Local Authority Accommodation

Debate between Baroness Berridge and Lord Murray of Blidworth

Monday 16th January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Clearly, there was such a commitment. I do not wish to reveal any great secrets, but it is a very high priority for the department and I anticipate that good news will be making its way to this House shortly.

[Baroness Berridge (Con)]

My Lords, I am grateful to my noble friend for outlining that distribution is now across all local authority areas. However, for unaccompanied asylum-seeking children, it is not just a question of accommodation; there are other support services that they need. So could he confirm whether unaccompanied asylum-seeking children are covered in this national distribution plan?

[Lord Murray of Blidworth (Con)]

Clearly, different provisions apply in relation to unaccompanied asylum-seeking children, and particular care is taken. Obviously, once a child is allocated to a local authority, the obligations of looking after the child become those of the authority. Clearly, these children are provided with everything that an unaccompanied child would need.

Windrush Lessons Learned Review: Implementation of Recommendations

Debate between Baroness Berridge and Lord Murray of Blidworth

Thursday 12th January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I observed to the noble Lord a moment ago, the Government do not comment on leaks, and I do not propose to do so now. On the separate question that the noble Baroness asked, I entirely agree that there should be a fantastic celebration of the 75th anniversary of Windrush, and the successes of the Windrush compensation scheme and the Windrush scheme in granting status are factors to feed into that great celebration. On the final aspect of her question—the speeding up of payments under the Windrush compensation scheme—I am glad to report that we have issued final decisions in more than 59% of the claims received and have concluded more than 43% of claims. In July 2021, we also published a redesigned primary claim form and refreshed casework guidance with the aim of reducing the time taken to process claims and improving people’s experiences of applying to the scheme. We are recruiting additional caseworkers, directing resources to maximise performance and refining processes so that cases can progress as quickly as possible. We have delivered on the promise to recruit and post at least 120 EO-level casework resources by the spring of 2022, and we will continue to recruit additional resources.

[Baroness Berridge (Con)]

My Lords, I am grateful to my noble friend for outlining that next year we will celebrate the wonderful arrival 75 years ago of those who have given so much to this country, many of whom paid with their lives fighting for it. However, celebrations cost money. Can my noble friend outline what money the Government will allocate centrally and for communities to be able to celebrate this?

[Lord Murray of Blidworth (Con)]

I do not have that information to hand; I will need to find that out and write to the noble Baroness.