Clause 51 - Asylum-seeker: residence, ÿ restriction

Nationality, Immigration and Asylum Bill

Public Bill Committees, 14 May 2002, 6:30 pm

Photo of Mr Richard Allan

Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)

I beg to move amendment No. 271, in page 28, line 14, leave out '50 and insert '16'.

Photo of Mr Alan Hurst

Mr Alan Hurst (Braintree, Labour)

With this it will be convenient to take Government amendment No. 253.

Photo of Mr Richard Allan

Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)

The amendment takes us back to the issue of unaccompanied children. I was reassured by the Minister's comments about the induction centre requirements and how unaccompanied children would be dealt with differently. The amendment seeks to align the definition of asylum seeker in the clause with that in clause 16, which, as I have already said, excludes unaccompanied children under 18. The amendment is a way of testing the Government's intentions in imposing restrictions on those who are legally defined as children. It has been a constant and appropriate theme that we continually question the status of children in the system, and I should be interested to know the Minister's intentions. The clause as drafted, in referring to section 50, explicitly includes unaccompanied children in the ability to impose restrictions under the clause.

6:45 pm
Photo of Ms Angela Eagle

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

I shall refer briefly to the technical nature of the Government amendment, which relates to the definition of a claim for asylum used in the clause. We want the clause to use the same definition of a claim for asylum as that in clause 16, which is a claim under the refugee convention or article 3 of the European convention on human rights. The Bill contains a drafting error and refers not to clause 16 but to ''that section'', which in the context means section 50, as we discussed in other contexts. It is a technical issue.

Although children may in general be required to report, we envisage that they will be required to do so less frequently than adults. It is right that they be subject to reporting powers. It would be inconsistent with our wish to improve contact management for asylum seekers if children, whether accompanied or unaccompanied, were omitted from the category of people with whom we kept in contact.

The contacts will not be onerous, but as I have said throughout the Committee's deliberations, we hope that they will be helpful. Certainly in the context of unaccompanied asylum seeking children, who are especially vulnerable, we intend them to be helpful, and not onerous or worrisome. I hope that with those assurances the hon. Gentleman will consider withdrawing the amendment.

Photo of Mr Richard Allan

Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)

I am grateful to the Minister for those assurances. It would help if the regulations to implement the restrictions made clear the position of unaccompanied children. I am grateful to her for having placed on record her intention to ensure that the reporting restrictions are appropriate for unaccompanied children. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: No. 253, in page 28, line 15, leave out 'that section' and insert 'section 16'.—[Angela Eagle.]

Clause 51, as amended, ordered to stand part of the Bill.