Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)

I beg to move amendment No. 117, in page 18, line 9, at end insert:

'( ) In subsection (1) for the definition of ''asylum-seeker'' substitute—

'' ''asylum-seeker'' means a person—

(a) who is at least 18 years old,

(b) who has made a claim for asylum at a place designated by the Secretary of State,

(c) whose claim has been recorded by the Secretary of State, and

(d) whose claim has not been determined;'' '.

Mr Eric Illsley (Barnsley Central, Labour)

With this it will be convenient to take Government amendments Nos. 118 and 119.

Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)

I must first point out an unfortunate and inaccurate sentence in the explanatory note to clause 35, which states:

''It therefore removes the requirement to provide cash-only support to asylum-seekers.''

The clause does not do that. I do not know how the sentence got in there. It is a gremlin, and should be removed. It has confused those who have been reading the explanatory notes to understand the legalese in the Bill. I apologise, and have drawn the matter to the attention of Opposition spokesmen.

The amendments bring the provisions in clause 35, and thus the Immigration and Asylum Act 1999, in line with the wording of clause 16. Amendment 117 applies the new definition of asylum seeker in clause 16(1) to section 94 of the 1999 Act. Amendment No. 118 amends the wording of section 94(3A) of the 1999

Act, which clause 35 inserts. The amendment mirrors the provision in clause 16(2), which states:

''A person shall continue to be treated as an asylum-seeker . . . while—

(a) his household includes a dependant child who is under 18, and

(b) he does not have leave to enter or remain in the United Kingdom.''

The introductory Bill omitted section 94(5) from the 1999 Act, as it was no longer needed. Amendment No. 118 means that sections 94(5) and (6) are not needed. Amendment No. 118 covers the same ground that was covered in those provisions, so amendment No. 119 omits section 94(5) and (6) from the 1999 Act. The amendments are technical and should present the Committee with no difficulty.

Amendment agreed to.

Amendment made: No. 118, in page 18, line 23, leave out from 'asylum-seeker' to end of line 25 and insert

'despite paragraph (d) of the definition of ''asylum-seeker'' in subsection (1) while—

(a) his household includes a dependant child who is under 18, and

(b) he does not have leave to enter or remain in the United Kingdom.''.'.—[Angela Eagle.]

Ms Karen Buck (Regent's Park & Kensington North, Labour)

I beg to move amendment No. 152, in page 18, line 25, at end insert—

'(3B) The Secretary of State shall make arrangements with local housing authorities, social services authorities, health and education authorities and other relevant agencies to promote the resettlement of those recognised as refugees under the Refugee Convention 1951, and those granted exceptional leave to remain in the United Kingdom.

(3C) For the purposes of subsection (3B), resettlement may include assistance in securing accommodation, welfare benefits, health, community care and education services.'.

I shall be brief, because the amendment is designed only to ask the Minister for clarification about the arrangements that she has in mind for the permanent resettlement of asylum seekers who go through the accommodation centre process and are given leave to remain, with their place of residence being at the accommodation centre. As we know, successive asylum Acts—including, in different ways, both the Asylum and Immigration Act 1996 and the Immigration and Asylum Act 1999—left it unclear which authority carries the responsibility for those who receive leave to remain, particularly concerning duties under the Housing Acts. That complication should be cleared up as soon as possible, so will she explain her thinking on the permanent resettlement arrangements?

Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)

I hope that I can reassure my hon. Friend. We are working with other Departments, local government and non-governmental organisations to see how we can develop a more effective integration process. That is particularly important for those who leave accommodation centres and do not then live in the area in which they were accommodated. Part of the trial will help us to create circumstances that smooth the transition, and I would be the first to admit that the transition from asylum seeker to refugee status and

from one system to the other is not perfect, as she will know from her casework.

My noble Friend Lord Rooker chairs the national refugee integration forum, which includes other Departments, local authorities and NGO representatives. It meets quarterly and has nine specialist sub-groups, which examine subjects such as health and education and meet eight times a year. We are beginning to create information, joint working and consideration of how we can best facilitate integration. The work is at a reasonably early stage, but it encompasses the spirit of the amendment, and I would prefer not to have the statutory obligation.

I assure my hon. Friend that the Government are already thinking along the lines of the spirit of the amendment. The work is at an early stage, and we can keep her informed of how it goes as the trials progress, but we have already identified that it is crucial that we develop a more effective transition from asylum seeker to refugee status for those who are successful in their claims.

Ms Karen Buck (Regent's Park & Kensington North, Labour)

I thank the Minister for her reply and am happy with the tone and the expressed commitment to tackle what has been a problem. As we discussed when debating the citizenship arrangements, a process that should be positive for the refugees and their communities is often undermined by the fact that the arrangements are chaotic. People are sometimes left with no means of subsistence or any documents to prove their identity. I know that she is familiar with those and other problems.

I want to press the Minister on housing duty, because it is a particularly serious problem. Glancing at the list of areas in which planning permission may be sought for accommodation centres, most do not have low housing demand and we cannot immediately assume that people would be able to come out of an accommodation centre and be rehoused by the relevant housing authority in surplus accommodation. The housing pinch is most acute in London, and as housing is probably the single most important factor that impedes effective integration of refugees and asylum seekers, I would hate to see that pinch replicated. We will need to see how the people go through accommodation centres and become members of communities in which the Government are trying to make dispersal in the broader sense work. How will the specific statutory housing duty be applied?

Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)

I cannot tell my hon. Friend that ahead of the work on facilitating transition for those granted refugee status from accommodation centres—which do not yet exist—to the communities where they may wish to live. As she knows, once granted that status, refugees leave the dispersal system and can choose to live anywhere in the country. A different process will apply for accommodation centres than for dispersal in cluster areas. We are considering with other Departments and local authorities how best and most appropriately to facilitate that process. We are mindful of the issues, of which housing is one of the most important. I cannot give her a detailed breakdown of our intended procedure, but I am happy to keep her informed.

Ms Karen Buck (Regent's Park & Kensington North, Labour)

I wanted to test the Government's opinion. I appreciate that the problem has been recognised and is being considered. If housing duty is not grappled with, we could end up exacerbating homelessness, particularly across London and the south-east. I look forward to receiving further information from the Minister and beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: No. 119, in page 18, line 26, leave out 'subsection (5)' and insert 'subsections (5) and (6)'.—[Angela Eagle.]

Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)

I beg to move amendment No. 211, in page 18, line 36, at end insert—

''(4A) For the purposes of subsections (3) and (4) above a person does not have or cannot obtain adequate accommodation if he cannot pay the rent and similar charges for it or the Council Tax (if any) payable by the person or his dependant.''.

Mr Eric Illsley (Barnsley Central, Labour)

With this it will be convenient to take new clause 13—Support for council tax—

''(1) Schedule 8 of the Immigration and Asylum Act 1999 shall be amended by the insertion after paragraph 3 of the following—

'(3A) The regulations shall make provision that the needs of a person to be taken into account by the Secretary of State when deciding—

(a) if a person is destitute, and

(b) if support is required to be provided,

(c) the amount of support to be provided shall include the rent and similar charges and the Council Tax if any payable by the person or his dependant.'.

(2) Schedule 9 to the Immigration and Asylum Act 1999 shall be amended by the insertion after paragraph 7 of the following—

'(7A) The regulations shall make provision that the needs of a person to be taken into account by the local authority when deciding

(a) if a person is destitute, and

(b) if support is required to be provided,

(c) the amount of support to be provided shall include the rent and similar charges and the Council Tax if any payable by the person or his dependant.'.

(3) The Secretary of State shall make provision by regulations made under Schedules 8 and 9 to the Immigration and Asylum Act 1999 in respect of a qualifying person to be paid whether directly or indirectly for the Council Tax and any court or bailiff's costs in respect of the qualifying period.

(4) In this section—

(a) 'A qualifying person' is a person

(i) who or whose dependant was liable to pay Council Tax in respect of a time when he was or ought to have been in receipt of support under section 95 of the Immigration and Asylum Act 1999,

(ii) whose needs to be met by the funder (subject to the resources of the person), as calculated by the funder did not include Council Tax, and

(iii) where that person has not subsequently received Council Tax benefit in respect of that period.

(b) 'The qualifying period' is the period or periods in relation to which the person was a qualifying person,

(c) 'funder' is the Secretary of State in cases where the Secretary of State was the person supplying the support under section 95(1) and the relevant local authority when the support was supplied under section 95(13), and

(d) 'section 95' means section 95 of the Immigration and Asylum Act 1999.

(5) This section shall come into force 7 days after the passing of this Act.''.

Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)

We seek clarification on council tax. Our understanding is that an individual on income support receives housing benefit through the housing benefit system and council tax benefit through the council tax benefit system, while an asylum seeker under the Immigration and Asylum Act 1999 receives a living allowance at around 70 per cent of income support, has his rent paid directly and is exempt from council tax from 1 April 2000 if the accommodation was arranged for him under the provisions of section 95, which would classify him as class F under the exempt classes.

That provision should cover the situation, but we have had representations, particularly from Wandsworth and Merton law centre—although I understand that the problem is not confined to those boroughs—that some individuals are in accommodation found in ways other than under section 95: either under different provisions, or they found the accommodation themselves or there is some other reason why they are not under class F for exemptions.

Wandsworth and Merton law centre has come across a significant number of asylum seekers who are receiving support but who have been chased by bailiffs for recovery of council tax. There is a differential provision: some local authorities exercise a discretionary exemption; others have not applied it. The National Association of Citizens Advice Bureaux has reported this as a widespread problem in London.

We would be grateful for the Minister's clarification on asylum seekers' liability for council tax. It is clear that these individuals are living below income support level. It is not a question of gaining a status above those on income support. There should be sensible arrangements for resolving the council tax issue. It seems silly that local authorities are responsible for supporting individuals yet are effectively paying to chase them to recover money that they cannot pay.

Citizens advice bureaux and law centres want clarification, as they are seeing people who have breached the law and are being pursued by bailiffs because they have not paid their council tax. It would help those organisations if the position was clarified in the Bill and the local authorities had clearer directions, so that the council tax regime could be applied in a universal and sensible fashion to everyone receiving support under the asylum support system.

Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)

I am slightly puzzled by what the hon. Gentleman said, as he did not make it clear what category of asylum seeker he was talking about. I can tell him the formal position. It is possible that a few have fallen through the net but I will need more information about their precise circumstances before I can reply to him.

I cannot support amendment No. 211. Placing a statutory requirement in the Bill is unnecessary because it is adequately covered in regulations and caseworking instructions. The amendment would mean that asylum seekers who could afford their rent and food and other essential items but could not afford their council tax or similar charges would be considered destitute. The current position is that when

asylum seekers apply for asylum support and say that they wish to remain in their current accommodation, the Secretary of State, when considering whether they are destitute, will determine whether they can afford the costs in respect of their current accommodation and meet their other reasonable living expenses. That is covered by regulation 8 of the Asylum Support Regulations 2000, which does not apply to those applying from emergency accommodation provided under section 98 of the Immigration and Asylum Act 1999. I can confirm that the costs of their existing accommodation can include council tax and other charges associated with rent such as service charges and utilities. That is set out in caseworking instructions.

Those who can meet their rent, food and other essential items but cannot pay their council tax could therefore be considered destitute. When it has been determined that a person cannot afford the costs of their accommodation he or she is invited to apply for National Asylum Support Service accommodation. The person's circumstances will be taken into account but the expectation is that accommodation will normally be provided in a dispersal area on a no-choice basis. The exception is when the case is a disbenefited family whose minor dependant children have attended a particular school for at least 12 months. In that case, in order to avoid disrupting the child's education we have made special arrangements with local authorities to pay the rent, utilities and council tax. In neither of those circumstances should bailiffs be chasing after individual asylum seekers.

I am also unable to support new clause 13. Asylum seekers provided with accommodation under section 95 of the Immigration and Asylum Act 1999 are not liable for council tax, as the owners of the properties are liable. The National Asylum Support Service has contracts with property owners that take that fact into account. Thus, it is the property owner who pays the council tax when NASS has provided accommodation support, and certainly not the individual.

In addition, as a general rule NASS does not provide rent directly to the applicant. We have contracts with accommodation providers whom we pay directly, which is much easier and simpler. We can also make certain that the basic cost of the accommodation—the roof over someone's head—is paid in a timely fashion.

Those who are supported by local authorities under the interim provisions remain liable for council tax. Local authorities can provide the cost of an asylum seeker's council tax and claim it back from NASS as part of the usual grant funding arrangements. NASS has the discretion to grant fund such claims under section 110 of the Immigration and Asylum Act 1999. Therefore, the issues that the hon. Gentleman describes should not happen, unless there are circumstances that I have not covered, and I am unaware of any.

Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)

I suspect that it applies in the latter case, under the interim arrangements when the local authority has chosen not to fund the council tax, but there is a legal liability.

Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)

Local authorities can claim it back: they do not have to fund the council tax. They should get their act together, and have the council tax liabilities for those in the interim scheme paid back to them. Asylum seekers should not be chased by bailiffs for council tax liabilities.

Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)

I am grateful to the Minister for her clear statement on the record of the Government's position in respect of council tax for asylum seekers. That is what we were seeking to tease out. I am sure that those who read the record of our debates and who deal with individuals in citizens advice bureaux or law centres will be in touch with us and/or the Minister if they feel that there are additional cases that we have not covered. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: No. 120, in page 19, line 17, leave out 'or assets which are' and insert 'which is'.

No. 121, in page 19, line 19, at end insert—

'( ) enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;'.

No. 122, in page 19, line 20, at end insert—

'(5A) The following shall be substituted for section 96(1)(b) of the Immigration and Asylum Act 1999 (c.33) (ways of providing support)—

''(b) by providing the supported person and his dependants (if any) with food and other essential items;''.

(5B) In section 97 of the Immigration and Asylum Act 1999 (c.33) (support: supplemental)—

(a) in subsection (4) for ''essential living needs'' there shall be substituted ''food and other essential items'',

(b) in subsection (5) for ''essential living needs'' there shall be substituted ''food and other essential items'', and

(c) in subsection (6) for ''living needs'' there shall be substituted ''items''.'.—[Angela Eagle.]

Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)

I beg to move amendment No. 248, in page 19, line 34, at end insert—

'( ) The following shall be substituted for section 12(2B) of the Social Work (Scotland) Act 1968 (c.49) (general social welfare services of local authorities—exclusion of destitute asylum seeker: interpretation)—

''(2B) Section 95(3) to (8) of that Act shall apply for the purposes of subsection (2A) of this section; and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to a local authority.''.

( ) The following shall be substituted for section 13A(5) of that Act (provision of residential accommodation with nursing—exclusion of destitute asylum seeker: interpretation)—

''(5) Section 95(3) to (8) of that Act shall apply for the purposes of subsection (4) of this section; and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to a local authority.''.

( ) The following shall be substituted for section 13B(4) of that Act (Provision of care and after-care—exclusion of destitute asylum seeker: interpretation)—

''(4) Section 95(3) to (8) of that Act shall apply for the purposes of subsection (3) of this section; and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to a local authority.''.'.

Mr Eric Illsley (Barnsley Central, Labour)

With this it will be convenient to take Government amendments Nos. 123 and 249.

Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)

Again, these minor technical amendments are consequential on changes that the Bill makes to section 95(3) to (8) of the Immigration and Asylum Act 1999. Amendments Nos. 248 and 249 make comparable changes to the Scottish legislation that is equivalent to the National Assistance Act 1948, the Health Services and Public Health Act 1968 and the National Health Service Act 1977. Amendment No. 123 does the equivalent for Northern Ireland legislation. Taken together, the amendments will ensure that the current position is maintained. Given their highly technical nature, I hope that the Committee will easily accept them.

Amendment agreed to.

Amendments made: No. 123, in page 19, line 41, at end insert—

'( ) The following shall be substituted for Article 7(3A) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, care and after-care: exclusion of asylum-seeker: interpretation)—

''(3A) Section 95(3) to (8) of that Act shall apply for the purpose of paragraph (3); and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to the Department.''

( ) The following shall be substituted for Article 15(7) of that Order (general social welfare: exclusion of destitute asylum-seeker: interpretation)—

''(7) Section 95(3) to (8) of that Act shall apply for the purpose of paragraph (6); and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to the Department.''.'.

No. 249, in page 19, line 41, at end insert—

'( ) The following shall be substituted for section 7(4) of the Mental Health (Scotland) Act 1984 (c.36) (functions of local authorities—exclusion of destitute asylum seeker: interpretation)—

''(4) Section 95(3) to (8) of that Act shall apply for the purposes of subsection (3) of this section; and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to a local authority.''.

( ) The following shall be substituted for section 8(5) of that Act (provision of after-care services—exclusion of destitute asylum seeker: interpretation)—

''(5) Section 95(3) to (8) of that Act shall apply for the purposes of subsection (4) of this section; and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to a local authority''.'.—[Angela Eagle.]

Clause 35, as amended, ordered to stand part of the Bill.