Illegal Migration Bill

Committee (3rd Day) (Continued)

Clause 8: Support where asylum claim inadmissible

Debate on Amendment 57C resumed.

My Lords, I had got as far as “My L—” when I was interrupted. I am sorry, I do not mean “interrupted”: I mean when we heard the Motion that the House be resumed. It was not going to be a major speech—it still is not, although I could have spent the last half-hour working on it.

I thank the noble Baroness, Lady Lister, who dealt with the issues very comprehensively, and the Refugee Council, which has been so helpful in briefing us. I simply observe the irony of our debating state support in the context of state-inflicted detention.

I apologise to the Committee for speaking twice, but of course this is Committee so I can do it again.

To reiterate some of the issues that the noble Baroness, Lady Lister of Burtersett, raised, this is an issue which you need to understand if you are to propose and manage this policy and move it further forward. “What happens next?” is not just a big question, it is of crucial importance to people and people’s lives. I will not repeat my statements about assessments, which are well made and obviously made all the time, but we have heard an exposition of this issue, which needs to be resolved. We need answers to those questions.

My Lords, I thank my noble friend Lady Lister for introducing this group of amendments, which concern the duty to remove those who are not detained, and their access to support because they would be otherwise destitute.

Clause 8 amends relevant legislation to provide support on the same basis as for those whose claims are declared inadmissible under Section 80A or 80B of the 2002 Act. My noble friend introduced her amendments in great detail. They would allow for appeals to be made on decisions around support. They would allow financial support to be provided where accommodation support is not needed. They would allow people awaiting decisions on accommodation support to be provided with interim accommodation. They make it clearer that if someone has not yet been removed from the UK, despite the duty from the Secretary of State to do so, they face a genuine obstacle. As my noble friend said, the Government must ensure that no one awaiting deportation faces destitution and danger.

Given the questions about the Government’s ability to actually remove people given the lack of returns agreements, what assessment have the Government made of the support that will be needed? We read in the newspapers that the Government are renting two more barges. Of course, the numbers the barges can accommodate will not touch the sides of the amount of accommodation that will be needed.

My noble friend Lady Lister and the noble Lord, Lord German, asked a number of detailed questions, as did the right reverend Prelate the Bishop of Durham, who I suspect is getting his train as we speak. As the right reverend Prelate said, in practice it will be local authorities, faith groups and voluntary organisations which will be picking up the pieces if there is not adequate government support for people who find themselves in this position. I will listen to the Minister’s response with interest.

My Lords, Clause 8 ensures that there is support available to individuals who would otherwise be destitute where their asylum claims have been declared inadmissible, pending their removal from the United Kingdom. It also seeks to incentivise those whose asylum claims have been declared inadmissible to comply with the arrangements to remove them from the UK, whether that be to their country of origin—where it is safe to do so—or to a safe third country. These provisions will support the overall objective of the Bill and ensure that those who come to the UK illegally will not be able to stay. Pending their removal, we will ensure that we support those who are complying with arrangements for removal. I make no apology for introducing these measures to protect and preserve the integrity of our asylum and migration system.

I am grateful to the noble Baroness, Lady Lister, for setting out her amendments to Clause 8. Amendments 57C and 57F seek to create a right of appeal against a decision to refuse an application for support under Section 95A of the Immigration and Asylum Act 1999, which would take effect only if supporting provisions in the Immigration Act 2016 are brought into force. The Government keep these matters under review but I can answer the noble Baroness’s question directly: there are no current plans to bring those measures into force, and so we consider these amendments unnecessary. Therefore, those who are refused support under Section 4 of the 1999 Act will still be able to appeal the decision.

Similarly, we do not consider Amendment 57D necessary. As I have told noble Lords frequently throughout Committee, our intention is to detain and swiftly remove people. We expect that the overwhelming majority of those who fall within the scope of the duty to remove will need accommodation as well as financial support. These individuals will therefore be provided with financial support to meet their essential living needs, pending their removal from the UK.

My Lords, I am grateful to all noble Lords who have spoken, including the right reverend Prelate, in his absence; we know that he had to get his train. I am also grateful to the Minister for answering more questions than I expected him to be able to.

I am disturbed by the proposition that it is not necessary to provide a statutory basis for temporary support because the intention is to remove people quickly. The Government are the only people who think that removal will be quick. All the organisations on the ground predict a state of semi-permanent limbo—purgatory, as some of them have called it. There needs to be a proper statutory basis for the support that these people are provided with. I hope that the Minister will look at this point again.

Other noble Lords have asked questions that have not, I think, been answered. I would be grateful if the Minister or his officials could look through Hansard and answer any remaining questions. The noble Lord, Lord German, certainly asked a number of questions that have not been addressed. I will not detain the Committee now by pressing them—I am sure that the noble Lord will not either—but I ask that a letter answering those questions goes to the noble Lords who have participated in Committee before Report.

It would also be helpful if the Government published as clearly as they can a statement on what is proposed. We can piece bits together from the Minister’s reply today but the point has been made that local authorities, faith groups, refugee organisations and others need to start planning; they need to know. A clear statement would therefore be helpful.

I finish by quoting the right reverend Prelate the Bishop of Durham, who said that this is going to be like detention without walls. That is a very telling statement. It is important that we get this right. We do not want large numbers of people destitute on our streets because they are in this permanent limbo. I look forward to seeing what the Minister has to say in any subsequent letters but, for now, I beg leave to withdraw the amendment.

Amendment 57C withdrawn.

Amendments 57D to 57G not moved.

Clause 8 agreed.

Amendment 58

58: After Clause 8, insert the following new Clause— “Repeal of asylum seeker accommodation regulationsThe Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023 are repealed on the day on which this Act is passed.”Member's explanatory statement This amendment provides for the repeal of the Houses in Multiple Occupation (Asylum-Seeker Accommodation) Regulations 2023.

My Lords, this amendment relates to a statutory instrument that has recently been approved.

I appreciate that the issues of the use of houses in multiple occupation for asylum seekers and the changes in the standards applying to such houses for that purpose may not have crossed the inboxes of most noble Lords; they certainly had not crossed mine until I was told that the SI changing the regulations was scheduled and found myself scheduled to speak on it. Like many such instruments, it was considered in Grand Committee and then went through the House very quickly. The purpose of the instrument is to make provision to exempt accommodation provided by the Home Office for asylum seekers from licensing requirements; that sounds quite straightforward.

My noble friend Lord Scriven and I spoke in the debate in Grand Committee because of our concerns and those of relevant organisations which were, I think it fair to say, caught out by the speed with which the instrument went through. We chose to use the mechanism of an amendment to the Bill to repeal the SI and thus bring it to the House.

I thank the noble Baroness, Lady Scott of Bybrook, who I am aware has sat through quite a lot of debates on the Bill without our getting to this amendment but appears unable to be here now. I guess that is how it goes when you are a Minister. I thank her and the noble Lord, Lord Murray, for the letter which my noble friend and I received. I particularly wanted to thank the noble Baroness for how she dealt with the questions raised in Grand Committee. My noble friend shot out very direct and pertinent questions at enormous speed and it is mostly his questions which the letter addresses. We will hear whether he is satisfied with that, and I will leave him to pursue those issues.