Calais Children and Immigration Act

Stuart C McDonald Excerpts

Wednesday 16th November 2016 Commons Chamber

[Mr Goodwill]

First, let me pay tribute to the non-governmental organisations that have been working in France. I am talking about not only the French NGOs such as France terre d’asile, but British charities that have been working in the camp, giving the children much-needed help, and the United Nations High Commissioner for Refugees, which is one of our partner organisations working in France and the wider region. Anyone who is in contact with a child in France should tell them to apply for asylum in France. That child’s claim will be considered and they will be looked after in France. One problem that we faced during the Calais camp situation was that the people traffickers and the organised criminals were advising people not to apply for asylum. That is the wrong advice to give. It is important that they do apply for asylum in France, which is a safe country for them to be in.

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

The debates that we had in this House on the Dubs amendment were among the most passionate that I have seen since my election 18 months ago. How section 67 of the Immigration Act 2016 is now implemented is important to this House and deserves the greatest scrutiny. Surely the Government will agree to a proper debate in this Chamber on the content of the guidance that they have issued, because restrictions appearing in the guidance were certainly never contemplated during the Dubs debates.

My party shares the uneasiness about the exclusion of any children aged 16 and 17. Of course 16 and 17-year-olds can be, and are often, vulnerable. I ask the Minister is this a hard and fast rule, or will discretion be applied?

Similarly, we are very troubled with the restrictions on nationality. For example, the exclusion of Eritreans is utterly inappropriate given that Home Office decision making in this area has been torn to pieces in the tribunals. Surely, the grant rate will soon be back through the 75% threshold mentioned. Again, will some discretion be applied in this area? We share UNICEF’s concerns that eligibility is restricted to those

“at risk of sexual exploitation.”

I have not yet heard an explanation of why those at risk of trafficking, forced labour and modern slavery are not to be included as well. As the hon. Member for Swansea East (Carolyn Harris) said, this guidance relates to children in France. What input did the French Government have in setting these criteria, and when will we see guidance for other countries, especially Greece and Italy?

Finally, in relation to children and the Immigration Act, may I ask when the Secretary of State intends to extend the scope of the scheme for transferring responsibility for relevant children in order to include Scotland, under section 73 of the Immigration Act?

[Mr Goodwill]

May I suggest that the hon. Gentleman closely reads section 67, the Dubs amendment, as it makes it quite clear that it applies to refugee children? The reason why we are choosing these particular nationalities is that they are more likely to qualify for refugee status. He also talks about vulnerability. That is why we are addressing the issue of younger children. Indeed, we go further to make it clear that we must work with local authorities and, I am pleased to say, the devolved Governments around the country, to ensure that the capacity is there. This is all in the Dubs amendment, which is why we are discharging that amendment within not only the letter of the law, but the spirit as well.