Nationality and Borders Bill

Debate between Baroness Neuberger and Lord Green of Deddington

Report stage
Tuesday 8th March 2022 Lords Chamber

[Lord Green of Deddington (CB)]

My Lords, I have retabled my amendment in the light of the Minister’s reply in Committee. Judging by Hansard, there was a very good discussion, albeit at three in the morning. We need to be clear about what we are trying to achieve here. Surely it is, first, that adults should not easily claim to be children and get away with it, and, secondly, that where doubts about age remain, the claimants concerned should be kept separate from those who are clearly children.

One aspect which was not covered in Committee was the very considerable increase in claims from those who were falsely claiming to be children. The noble Lord, Lord Paddick, said that, in 2019, those found to be adults amounted to less than half the cases. I have in my pocket the Home Office table showing the outcome of these claims since 2006. The year which the noble Lord chose, 2019, was the lowest percentage in the last 10 years. We now have the percentage for adults in the last two years, and they were 43% and 66%, respectively. I will not provide more statistics, except to say that what is really important is the number of cases to which these percentages refer. In 2019, there were only 304 age-disputed cases; in 2021, there were 1,500—I repeat: 1,500. The whole scale is much greater and justifies the tightening of the criteria for which I am calling.

As to the test applied, the Minister said that our current threshold is that a person claiming asylum is declared to be an adult when

“their physical appearance and demeanour very strongly suggest that they are significantly over 18”.—[Official Report, 8/2/22; col. 1568.]

That is a pretty tight restriction. My amendment would adjust that to when

“their physical appearance and demeanour strongly suggest that they are over the age of 18.”

The change is to “strongly suggest”. I believe that this falls well within the Supreme Court judgment to which the Minister referred in his speech: BF (Eritrea). That judgment found that claimants could be treated as adults if two Home Office officials considered that the person looked significantly over 18. My amendment tightens the criteria, but that is what we need to do in the face of the significant exploitation of the present scheme.

My last point concerns the important and related issue of safeguarding those who are found to be children. Surely it is common prudence that doubtful applicants should, until their cases are resolved, be kept separate from those known to be genuine children. I look forward to an assurance from the Minister that arrangements are now envisaged which will achieve this result. I beg to move.

[Baroness Neuberger (CB)]

My Lords, I declare my interests as chair of University College London Hospitals NHS Foundation Trust and of Whittington Health NHS Trust, and as chair of the Schwab & Westheimer Trust, charitable trusts set up to provide education for young asylum seekers.

I am speaking to Amendment 64A. When we last debated age assessments for young asylum seekers, in Committee, it was in the small hours of the morning, and the issues to which we should have given real attention did not get enough scrutiny. The issue had had precious little scrutiny in another place, because these provisions were brought in so late by the Government in the passage of the Bill. I am very grateful to the Government for the amount of information which they have provided recently, but there is still more to tease out. I hope, therefore, that noble Lords will understand why I and my colleagues—the noble Baronesses, Lady Lister and Lady Hamwee, and the right reverend Prelate the Bishop of Durham—are putting forward this detailed amendment at Report. I am grateful to the Refugee and Migrant Children’s Consortium, the Royal College of Paediatrics and Child Health, the British Dental Association, the British Red Cross, the UNHCR, the ADSS, the British Association of Social Workers and many others for their briefings and help.

There is widespread concern about age assessments among all the various voluntary and statutory agencies concerned with young asylum seekers, and among many medical, dental and scientific bodies. Because of the small family charity which I chair, I spend time with asylum-seeking young people who are desperate to get their lives back on track by getting an education. Most of those I meet are older than the children and young people presently under discussion and whose age might be disputed, but by no means all. From what they tell us, I know how traumatised they can be, and have been, not only by their experiences in their home countries and on their incredibly difficult journeys but by the processes they have been forced to go through once they have arrived in the UK, and the way in which they are often not believed—almost as if there is an assumption that they will not be telling the truth.

The fact that they might be asked for consent before they undergo an age- assessment process is neither here nor there. Refusing consent would undoubtedly be a black mark against them in a system which they already perceive as doubting their word. Many of them will not have paper evidence of their date of birth, precisely because of what they have been through. The idea that the Home Office will control these procedures, and insist on them, fills many of us with distinct unease as it almost certainly means that already traumatised young people who have been through terrible experiences to reach the UK will be forced to endure yet more traumatising experiences, possibly including intimate examinations which are hard, if not impossible, to justify.

Immigration Bill

Debate between Baroness Neuberger and Lord Green of Deddington

Monday 21st March 2016 Lords Chamber

[Baroness Neuberger (LD)]

My Lords, I support the amendment and congratulate the noble Lord, Lord Dubs, on moving it. My uncle came here at the age of 13—he would have failed the 12 year-old cut-off point—as a semi-unaccompanied refugee from Nazi Germany; my mother was an adult when she came. I want to say something about the courage of the British Government at that time. When we talk about not wishing to accept the amendment, we should think about just how brave were the British Government against other Governments who did not wish to show such generosity and kindness in the late 1930s and in 1939 itself. The noble Lord, Lord Dubs, paid tribute to Sir Nicky Winton, but, wonderful as he was, he was not alone—there was Trevor Chadwick, who worked with him. There were also British diplomats around Europe, particularly in Germany and in Austria, who played a major role in helping Jews and left-wingers get out of Germany and Austria. I pay particular tribute to Robert Smallbones, Arthur Dowden and the MI6 spy, Frank Foley, who does not receive enough tribute.

The reason for supporting this amendment is not only the moral one—it is the least that we can do—but something about what Britain is and what Britain should be and setting some kind of example. We could do it in the 1930s. Why cannot we do it now?

[Lord Green of Deddington (CB)]

My Lords, this is a very difficult issue. The heart indeed speaks strong and it beats particularly strong, it seems, in this Chamber, but we also have to think it through a little. I entirely understand the good intentions behind the amendment, and nobody is better placed than the noble Lord, Lord Dubs, to propose it and the noble Lord, Lord Carlile, to speak to it. I would be perfectly content to support a Motion calling for HMG to accept a larger number of children and their families from the refugee camps elsewhere in the region. It is not a question of cost; it is a question of need and one that we should be ready to meet.

My concern is that the amendment refers specifically to unaccompanied children in Europe. These children are already in Europe and are initially the responsibility of the Governments in the countries where they find themselves. The idea seems to be that we, the UK, should take a fair share of these children, who indeed find themselves in terrible circumstances. But there is a risk, which we cannot dismiss—it is a serious risk—that in doing so we will make a bad situation even worse. We are not dealing here with a finite number of children—it is no use saying, “There are 24,000 children; we will take 3,000 of them”. We are dealing with a situation in which the families concerned have come to the view that if they can only get their children into Europe, they will be looked after, and as a secondary consideration they themselves might be able to follow them up later.

To my mind, the follow-up adults are not the issue, rather it is the risk that still more children will be put at very serious risk. A well-intentioned action could have the perverse effect that many more thousands of children will be sent off to face the terrible conditions that have been described. If so, we would not be solving the problem, and indeed we might be exacerbating it. That is why I believe that the Government are right to take refugees from the region, but not from Europe. It is unsatisfactory, but it is perhaps the least bad outcome. We have to consider this carefully. A point which has frankly been ducked in this debate—I think only one speaker has mentioned it—is the risk that this will generate very large numbers of children being put at risk and make a bad situation worse.