Nationality, Immigration and Asylum Bill

Part of the debate – in the House of Lords at 6:59 pm on 17 July 2002.

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Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip 6:59, 17 July 2002

My Lords, Clause 60 is concerned with residence and reporting restrictions which may be imposed on an asylum seeker who has leave to enter or remain in the United Kingdom at the time of their application, or who is the dependant of such a person. It needs to be explained that this category of asylum seeker is presently a small one in percentage terms.

The noble Lord asked for some figures. There are no hard statistics but the number will be low. There are few country asylum seekers in any event. But, as I speak today, we do not have data. We will carry out some checks and see what figures we can put together. But it is unlikely that we have hard and fast records covering that point. So I cannot satisfy the noble Lord.

The great majority of asylum seekers have no leave when they apply because they have applied on arrival or they are illegal entrants or overstayers. Those relatively few asylum seekers who do have leave are not subject to any reporting or residence restrictions. Clause 60 changes that by extending existing powers in relation to those without leave to asylum seekers with leave and to their dependants. We think it is important for the fairness and efficiency of the new asylum processes that asylum applicants are treated the same, whatever their circumstances before they applied.

Amendment No. 179 would take away the purpose of the clause by omitting subsection (2). That is the subsection which provides that restrictions may be imposed on asylum seekers with extant leave in a similar way that they may be imposed on those without such leave, in accordance with paragraph 21 of Schedule 2 to the 1971 Act. The noble Lord appreciates that point. I am sure that he also appreciates that removing that subsection would take all meaning away from the clause. It is for that reason that we cannot accept it.

I want this to be understood. We want to make plain that Clause 60 should not be seen as a blank cheque to impose restrictions on asylum seekers with extant leave. That is not what we seek to achieve. The power it confers, of course, will need to be exercised reasonably in all circumstances. I also want to make clear to the noble Lord that individual circumstances will be taken into account when deciding on appropriate reporting restrictions. So the circumstances of each case will be very carefully weighed up. Such restrictions will not be unnecessarily onerous or imposed without good reason. If, for example, an asylum seeker cannot report on a particular day because of ill health he will be able to contact us to make alternative arrangements.

The noble Lord asked a few pertinent points. He asked whether reporting requirements were voluntary before this legislation. No voluntary reporting requirements were imposed. He also asked whether they kept in contact. No figures as to how many did not keep in contact are available. The noble Lord also asked what problems from absence of powers exist in Clause 60. We are introducing a new asylum process with the emphasis on greater contact for good reason, so that we understand the nature of what we are dealing with through the asylum process and also greatly to the benefit of asylum seekers.

When such a system is put in place it will become more important that all asylum seekers are subject to it. So there is a universality to it. We consider that the power in Clause 60 is important, whatever has happened in past practice.

The noble Lord also made the point that children should not be subject to reporting restrictions. The power to require all asylum seekers, including children, to report is needed. But I can give this clear assurance: it will be sensitively, sensibly and—I think importantly—compassionately applied, and not as a matter of simple routine where the need to maintain contact is less evident; for example—the example that the noble Lord gave—they are at boarding school. It would seem unreasonable and lacking in sensitivity to try to set out a rigorous reporting regime in those circumstances. There will be flexibility. We shall take careful account of the circumstances of the individuals involved. I hope with that that the noble Lord will feel able to withdraw his amendment.