Clause 7 - Failed asylum seekers: withdrawal of support
Asylum and Immigration (Treatment of Claimants, etc.) Bill
5:45 pm

Mr Mark Oaten (Winchester, Liberal Democrat)
The hon. Gentleman makes an interesting point. On the assumption that they have understood at that stage the situation that they are in, and that there are requirements on them to do that,
that would be a fair assumption. One of the problems with the process set out by the Minister is that the individuals' realisation of the situation that they are in might take place at the point of the interview. The most important process is going to be the interview, with an advocate present. I wonder again whether the Minister might think that there is an advantage in bringing the interview forward in the process rather than moving it back, as I believe that that will be the critical point.
On whether the social services would have to use section 20 or section 31 of the Children Act, I understand that that will apply only on rare occasions. However, I should like to revisit the matter at some point, because as I understand it—I do not understand the technicalities of all these things—there are different requirements under various sections. I think that it is section 20, and the Minister seems to be saying 17. Whichever section applies, there is a requirement on the parent to give
some kind of approval at that point. We might need, later on, to consider the practicality of a parent in such circumstances giving approval, or not, to the intervention of the local authority.
In conclusion, the Minister has, at last, made me understand how the process can happen. I am more reassured about it, but remain doubtful that, for the numbers involved, this is the right route. Taking benefits away is not the right approach. However, on the practical approach that the Government are taking to doing something that I think is wrong, I have had reassurances. I want to revisit the matter, but at this stage I shall not press my amendment, and I beg to ask leave to withdraw it.
Amendment, by leave, withdrawn.
Further consideration adjourned.—[Mr. Heppell.]
Adjourned accordingly at six minutes to Six o'clock till Thursday 15 January at ten minutes past Nine o'clock.
