Borders, Citizenship and Immigration Bill [HL]

My Lords, the effect of these amendments is to broaden the scope of the duty so that it applies when we are discharging functions related to children outside the United Kingdom. This would mean that the border force will be required to discharge its functions having regard to the need to safeguard and promote the welfare of children wherever it operates overseas, including issuing visas. We are certainly mindful of the need for our staff operating overseas to understand the need to safeguard and promote the welfare of children, but applying a statutory duty to require them to do this is another matter entirely. Duties and obligations of this sort, for example under the 1951 refugee convention and the UN Convention on the Rights of the Child, are limited to people in the UK. It would not be appropriate for the border force to have specific statutory duties in relation to children who do not come under UK control and where our ability to give effect to the duty would be so dependent on local circumstances. This contrasts with the specific guidance we are developing for staff in this country. We also need to be alive to the potential risks we would run in extending this duty. We have always made clear, based on the guidance accompanying Section 11 of the Children Act 2004, that this duty does not give the border force any new functions nor does it override the agency’s primary function to control the UK’s borders by applying the existing immigration legislation. But there is a danger that people overseas bringing up their children in conditions which fall well below the standards that we are accustomed to here—many children in the world arguably fall into this category—will see this new duty as offering a new route of entry into the UK for their families. That risks significantly increasing both the numbers seeking entry and, subsequently, the number of challenges based on the new duty. We are confident that we would be able to successfully resist those challenges, but we would need to devote considerable financial and human resources to the task. It would place real pressure on posts overseas, with the risk of significant delays to genuine cases. It is not a sensible way of organising our business and I ask noble Lords to reflect on this very carefully. However, although we oppose a statutory duty, we recognise that there is much that we can do to safeguard children overseas. On the question of training, as I indicated in the letter that I sent to those noble Lords who spoke in our last debate, staff overseas and at the juxtaposed controls are drawn largely from experienced immigration staff from within the border force. They will have received mandatory training on children’s issues, and many have received training on interviewing children. Once in post, entry clearance and visa staff also receive regular briefings on issues involving the movement of children across international borders relevant to that region. This is particularly important in identifying and tackling child trafficking. We are currently rolling out a training package to support the Council of Europe Convention on Action against Trafficking in Human Beings, which the UK ratified in December. This is compulsory for all border force staff of grade 7 and below, including those serving overseas. In higher risk posts, particular measures are in place for spotting abuse. For example, risk assessment units overseas draw up risk profiles which are shared with the entry clearance staff. The entry clearance staff can then refer individual cases to the risk assessment unit to run sponsor checks—for instance, to verify that the sponsor is living at the address supplied with the application. The risk assessment unit can refer individual cases back to the UK for further sponsor checks to be carried by the Serious and Organised Crime Agency and others. In certain posts, we report cases to the local police and other authorities, but only where competent authorities exist and where this will not potentially put a child at greater risk. It is also worth noting that we have made changes to the Immigration Rules over the past couple of years to protect children. For example, we have introduced new paragraph 46A, which makes specific provision for ensuring that suitable care and reception arrangements are in place for child visitors who seek leave to enter the United Kingdom. I hope that reassures the noble Baroness, Lady Howe, that we are addressing these issues. As regards the juxtaposed controls at Coquelles, Calais and elsewhere in northern France and Belgium, specific agreements have been made with the local state authorities. If a person is refused leave to enter the UK or we suspect a child is at risk, we may hand them over to the authorities of the country of departure for processing according to the domestic law of that country. We have limited jurisdiction at these locations, where our actions are governed by international agreement. Once children have been referred, it is for the authorities in that country to determine the specific action to be taken in respect of each child according to their own official procedures. Border force officials do not lay down specific standards and outcomes for children who are referred in those circumstances and must rely on the procedures in place in that country. However, we are aware of the practices in France and Belgium and are satisfied that these adequately protect children as they do in the UK. The noble Lord, Lord Avebury, asked about the sharing of drafts with those of your Lordships who have spoken in the debate so that we can take their concerns on board. We will do this, as recommended by the Joint Committee on Human Rights, before the Bill completes its passage through Parliament. The noble Earl, Lord Listowel, asked me to write to the Science and Technology Committees. I see no difficulty in doing that. I would like to liaise and talk with anyone who can help resolve the problems over statistics that we debated at length in my office. This has been a useful debate. I hope I have made clear why we do not think that a statutory duty is appropriate, but that we are nevertheless fully committed to children’s welfare in our dealings with them overseas. I therefore hope that the amendment will be withdrawn.