Unaccompanied Children

Stuart C McDonald Excerpts

Tuesday 19th April 2016 Westminster Hall

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I congratulate the hon. Member for Enfield, Southgate (Mr Burrowes) on securing this debate, on his commitment to the issue and on opening with an excellent speech. The debate has continued in that fashion, with a series of powerful, thought-provoking and wide-ranging speeches setting out the huge scale of the humanitarian challenge that the crisis poses and the action that is necessary to support unaccompanied children who have fled their home countries as a result.

What has underpinned the speeches is a belief that those children should be treated as children. We should provide for them as we would want and reasonably expect our own children to be provided for were they to be in the same situation, arriving alone in a strange new country. It is hardly a radical idea, yet in so many respects Governments across the EU have failed to take that approach. Looking from the outside, too often it seems it is not the best interests of the child that informs policy but perceived national interests in closed borders and fencing, and Government targets and party politics.

It would be impossible for me to cover in the short time available the full range of the debate in any detail, so I will make a few short, sharp points in a handful of different policy areas, echoing some of the arguments and concerns that Members have raised. The main focus of the debate has of course been on providing durable solutions. I agree with hon. Members who have said that it is time for the Government to think again about the nature of the leave that is provided to unaccompanied children, particularly in the form of UASC leave.

We could argue all day about how safe it is to return an 18-year-old lad to Afghanistan, for example. For the record, I agree absolutely with my hon. Friend the Member for Aberdeen North (Kirsty Blackman) that such a practice is reprehensible. Even putting that to one side, what we say will happen to someone when they turn 18 has an immediate impact on a child facing up to that threat in the here and now. Dangling what amounts to a sword of Damocles over an unaccompanied child is plain cruel, creating uncertainty and anxiety and stoking fear. It is not in any child’s best interests and not what we would hope or expect for our own children. It is far short of the long-term plan of support that various Members highlighted.

Ultimately, those who are granted UASC leave are granted it on the basis that there are inadequate reception arrangements in their country of origin—in other words, they would face destitution, discrimination, homelessness and lack of access to medical treatment if returned home. Although that does not mean they will get protection under the refugee convention, it surely merits something of an equivalent nature. There is a strong case for saying that no child should have to leave immediately on reaching adulthood. Furthermore, there is a powerful argument that in many cases we should be prepared to say that these kids, whose rights under the conventions would be breached if they were immediately removed, should be offered permanent settlement immediately.

I ask the Government to think again about the effect of the Immigration Bill, which we will be considering again next Monday. They should think particularly about the proposals to remove the ability of local authority social work departments to provide support to unaccompanied kids up to the age of 21. The Bill would remove that support at the age of 18, a change that is opposed by a host of Members, the British Association of Social Workers and others.

I support Members’ calls for the roll-out of guardianship and advocate schemes throughout England and Wales. In Scotland, a successful pilot showed that guardianship schemes can be crucial in helping unaccompanied children and young people to be heard and to realise their individual potential. Northern Ireland and several other countries throughout Europe have similar schemes. I urge the Government to roll out the scheme to unaccompanied children in England and Wales.

I back what the hon. Member for Brighton, Pavilion (Caroline Lucas) said about family reunion. It is plain wrong that unaccompanied children cannot apply as sponsors for their parents or carers. Such a failure to provide for reunion is a clear breach of children’s best interests.

Members touched briefly on legal aid in their speeches. Will the Government revisit some of the previous Justice Secretary’s reforms so that more than 2,500 unaccompanied children will no longer have to try to act as their own solicitors? Legal aid should be available for non-asylum immigration and family reunion cases. Such matters are not straightforward. As a solicitor in Scotland I was able to assist with such applications, with recompense from the Scottish Legal Aid Board in the form of advice and assistance funding. I know that was welcome, and it was clearly justified.

I echo the comments that my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) made about Calais, where a significant number of unaccompanied children are living in what are essentially shanty towns. A significant number of those children have strong connections to the United Kingdom. Charities have estimated that there are more than 150 unaccompanied children at Calais who they believe would be able to come to the United Kingdom using take charge requests. As the right hon. Member for Slough (Fiona Mactaggart) said, the tribunal judgment was that the system in France is working at barely a snail’s pace.

As I understand it, the United Nations High Commissioner for Refugees has made an offer to the Home Office to provide support, including through the distribution of an information leaflet; technical comments and suggestions on the implementation of the Dublin regulations; assisting persons of concern, particularly unaccompanied minors, with the identification of relatives in France; supporting the family links evidence gathering process; and a referral or signposting mechanism for individual cases. For the life of me I cannot understand why the Government would not accept that offer. I hope we hear from the Minister that they are going to do so.

We could have a whole separate debate on the situation across Europe, but I shall leave that for another day as time is running short. In all the policy areas I have mentioned, we need to rethink our approach as a country. I hope that the Government will listen to what Members have said.