On Second Reading, I described the Bill as heinous. My experience as a member of the Bill Committee has not altered that impression. The Bill is divisive and disproportionate, and it ultimately lacks a credible evidence base.
The evidence sessions were embarrassing for the Government because the vast majority of the oral and written evidence the Committee received was damning
of their proposals. Witnesses from the private, public and third sectors sent the underlying message that the Bill lacks a proper evidence base, is not necessary and is merely being brought about to appease the right-wing of the Conservative party and UKIP.
I take issue with part 5, which, among other things, proposes to remove support from those whose asylum applications have been refused. That blanket approach does not allow for the consideration of personal circumstances, nor does it protect families with children. We heard evidence from a number of organisations that voiced concern, shock and deep disgust over part 5, particularly in respect of how it might affect the welfare of children.
In giving evidence, Ilona Pinter of the Children’s Society said:
“We think the risks for children from this provision are very serious indeed. Essentially, it would see families becoming destitute—they would no longer have accommodation and financial support under asylum support. That obviously brings with it a whole range of risks, from families being street homeless to families having to move around, potentially for short periods of time, to stay in potentially unsafe accommodation.”––[Official Report, Immigration Public Bill Committee, 20 October 2015; c. 72, Q165.]
Even Lord Green of Deddington from Migrant Watch, with whom I disagree on almost everything else, agreed that asylum seekers with children whose claim has been refused should be treated differently.
Part 1 sets out ambitions to reduce the exploitation of migrants. However, when individuals and, in particular, parents with children are pushed into a vulnerable situation, they are forced into making rash and desperate decisions that only increase their vulnerability and the dangers they face. Most reasonable people would accept that we have a responsibility towards those who have had their asylum application rejected. Amendment 29 seeks to ensure that we continue to uphold that responsibility.
Amendment 29 seeks to omit all the changes to support that have been made by the Government by removing clause 37 and schedule 8. Assuming that the Government are not minded to accept such a wholesale change, amendment 40 would ensure that some protection exists for the children of the families affected.
The Government have attempted to simplify the support that is provided in the immigration system by moving from two sets of regulations whereby asylum seekers can claim support to four sets of regulations dealing with support by local government and central Government. That is not simplification as I understand it. Under the Bill, local authorities will be legally prevented from providing support to families, including those with young children, when there are
“reasonable grounds for believing that support will be provided”
by Home Office provisions. In practice, that might create dangerous gaps in the system where support is not provided to vulnerable families.
It is worth repeating the horrendous story of the one-year-old boy, EG, who died in 2012, followed two days later by his mother, when they were left in limbo between two different types of support. In responding to that example, the Minister stated that the gap in provision was between support from two different Departments. I accept that, but can he guarantee with
absolute certainty that his proposals will result in no gaps whatsoever between the support people receive from central Government and local government?
The changes that are proposed by the Government will create a significant financial and administrative burden for local authorities. The Government claim to have consulted widely, but the Scottish Government and Scottish local authorities were not content with the level of consultation from the Home Office before the introduction of these provisions.
The underlying reason for removing support from failed asylum seekers is to allow the Government to expedite the removal of affected parties.