Clause 43 - International projects

Nationality, Immigration and Asylum Bill – in a Public Bill Committee at 12:30 pm on 14 May 2002.

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Question proposed, That the clause stand part of the Bill.

Photo of Dame Cheryl Gillan Dame Cheryl Gillan Opposition Whip (Commons)

I pay tribute to the organisations that have gone to so much trouble to brief members of the Committee on various aspects of the Bill. I draw the Committee's attention to a matter raised by the National Association of Citizens Advice Bureaux, which has done some valuable work on the Bill. NACAB states that clause 43 provides a power for the Home Secretary to establish a refugee resettlement programme under which a small number of persons recognised as refugees while still abroad could be accepted for resettlement in the United Kingdom. The association welcomes the establishment of such a resettlement programme—with the proviso that it should not lead to a two-tier asylum determination process whereby those who arrive at the UK's borders independently are regarded as queue-jumpers and therefore undeserving of the UK's protection,

whatever the merits of their asylum claim. It seeks the Minister's assurance on that point.

Subsection (2) sets out financial provisions. Does the Minister have some idea of the level of budget provision these programmes will attract? From the notes on the clause we are aware that pilot projects have been undertaken. Will she explain how many have been completed and whether any further pilots are planned, or whether the Ministry is satisfied that the piloting exercise has been exhausted?

Subsections (2)(a) and (b) provide only for financial support to international organisations that arrange or participate in projects of the kind described in subsection (1). I would like an assurance that the drafting does not preclude, for example, the secondment of suitable personnel to international organisations—or does the Minister have in mind purely financial assistance with no consideration for any other type of assistance under (2)(a) and (b)?

Photo of Mr Richard Allan Mr Richard Allan Shadow Spokesperson (Business, Innovation and Skills), Shadow Spokesperson (Trade and Industry)

I have a couple of points to raise about how individuals resettled from the UK may be affected in future if their resettlement breaks down. We welcome the focus on international projects. In the current circumstances in Sri Lanka, for example, individuals coming to the UK as asylum seekers may be granted refugee status, but as Sri Lanka moves to a more peaceful and stable situation, international efforts to rebuild the Sri Lankan community within Sri Lanka may be appropriate, which may affect individuals here. There is no certainty about the future, so with any resettlement programmes or international projects to assist migrants to return to another country it is important to clarify what would happen if those projects were to break down and the migrants needed to return to the UK because of unforeseen circumstances.

At what level do the Government anticipate these plans working? Is it at all levels, be it the European Union, the United Nations, or the UNHCR? How do we expect the criteria for the UK engagement in projects to be set?

In a domestic Bill dealing with asylum and immigration issues it is helpful to have a reference to international projects as a reminder of the fact that refugee crises primarily affect countries far from the United Kingdom. Whatever questions anyone raises in the UK about tens of thousands of asylum seekers, the problems are multiplied to the nth degree in poor countries such as those in sub-Saharan Africa, which accept many hundreds of thousands of refugees and migrants.

I hope that the that the Government will follow that commitment, in the interests not just of the United Kingdom but of many other countries with a far more serious refugee crisis than us.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

I hope that my answers will satisfy members of the Committee about this part of the Bill.

The resettlement programme poses two separate issues: the return of migrants to their country of origin, and resettlement, which is a formal gateway into the country of people recognised as refugees by the UNHCR. For them, the resettlement programme

will develop as a result of the powers in the Bill: it will be a toe in the water. The purpose of the resettlement programme is to deal with a problem that many hon. Members often refer to—that people cannot enter the country legally in order to claim asylum. We are creating legal routes into the country.

Another important objective is to save refugees from the people smugglers and traffickers who profit mightily and obscenely from their trade in human misery. We are planning to develop the resettlement programme in association with the UNHCR. The resettlement programme will allow us to take into this country from abroad people who have already been classified as refugees. Initially, we are thinking in terms of about 500 people—believe it or not, making it one of the largest resettlement programmes in the European Union. The USA takes 78,000 a year, so ours will certainly not be the largest in the world, but it will be an important first step towards creating a legal gateway into the country for people classified as genuine refugees—and it will keep them out the hands of the people traffickers.

Some of the issues point the other way, to voluntary return to countries of origin. Clause 42 deals more explicitly with that, in so far as it allows us to spend money to facilitate voluntary return projects more practically than in the past. I hope that it will lead to sustainable, coherent return for failed asylum seekers or those who want to go back to their countries of origin—Afghanistan is an obvious example—when things are getting better, to rebuild their country. We hope that Sri Lanka will prove to be another positive example.

I shall now deal with the issues raised by the hon. Member for Chesham and Amersham (Mrs. Gillan). There is no question of a two-tier process—a refugee is a refugee—but we are anxious to develop safer ways of acknowledging refugee status and legal gateways in order to crack down on the activities of people smugglers. That is what the resettlement programme is intended to halt. Creating such a gateway under the powers in the clause is an humanitarian tool.

Currently, such work is funded under the powers of the Appropriation Act, which provides a legal basis. However, it would be more flexible if we had our own powers to fund rather than having to rely on that Act, which limits project expenditure to short-term and one-off projects that do not run for longer than two years or whose individual costs do not exceed £900,000. Under the comprehensive spending review process 2002, we shall attempt to create some funding—I cannot tell the hon. Lady exactly how much—in order to develop sustainable return programmes for failed asylum seekers or those who wish to return.

I was asked whether financial support includes secondment of staff. Yes, it does. We provide a financial benefit to the relevant international organisation. We know from our work with international policing and immigration organisations and international non-governmental organisations that great mutual benefit can be gained from

secondments and support. The hon. Lady will know that we also work closely with the International Organisation for Migration in respect of voluntary returns, among other issues. We already have some experience, but we wish to expand it. The clauses are part of an holistic approach to immigration whereby we consider the difficulties in source countries and how the Home Office can help. There is also a role for Governments throughout the European Union and the developed world who experience problems of economic migration to work together to see what they can do to help source countries to stabilise. It is in everyone's interests to do so. The clauses give us the necessary powers to continue to develop work in this area more unambiguously.

Photo of Neil Gerrard Neil Gerrard Labour, Walthamstow 12:45, 14 May 2002

This is a welcome and positive development, which will allow us to consider resettlement programmes. Clause 43 covers more than refugees, to which only part of the power relates. That has been missing in our policies for a long time. I am pleased that the Conservative party is rejecting the two-tier system that they set out to create in 1996. They made a simple but flawed distinction between people who applied for asylum at ports of entry and those who applied in country. Those who applied for asylum at ports of entry would receive support, but those who applied in country would be deprived of it, on the flawed assumption that those two classes of people had different justifications for asylum claims. It was only because of the court case that followed those proposals that in-country applicants were left with any support through the local authorities.

My concern about the two-tier system is not so much that different rules may be applied but that different attitudes may be generated. We all know of problematic attitudes towards asylum seekers, and we must be careful to make it clear that we will not pursue the argument that those who undertake the resettlement programme are genuine, whereas others who do not undertake it are not.

I appreciate that we are dipping our toes into the water, but I am not clear how the resettlement programmes will function or how decisions will be taken about who is eligible to come as a refugee through them. The nearest and most recent equivalent was the humanitarian evacuation programme from Kosovo. The UNHCR acted as the gatekeeper and in effect decided who was suitable to come as part of that programme. That almost implies that an agency other than the Home Office will decide whether an asylum claim is justified. What is the interface between the two? Will the Minister say whether the Home Office will be involved in another country's decision to allow someone through that gateway?

I also welcome the support that is being suggested for people who are returning, whether they are doing so voluntarily or are being removed from the country. Unquestionably, we do not treat people humanely at present. They may suddenly find themselves on a plane with their family with no financial support to start to re-establish themselves. It will be interesting to see how this part of the Bill develops. The question remains

who will decide who gets on to the programme, and I would be interested to hear the Minister's comments.

Photo of Gregory Barker Gregory Barker Conservative, Bexhill and Battle

I should like to address a few comments to the Minister on clause 42.

Photo of Eric Illsley Eric Illsley Labour, Barnsley Central

Order. We are discussing clause 43.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

My hon. Friend the Member for Walthamstow (Mr. Gerrard) made some welcome comments about the powers in clause 43 and what they enable us to do. We have not made final decisions on the matter, and we are discussing how we can develop the resettlement programme with the UNHCR and other interested parties. The criteria for resettlement are that the refugee's life, liberty, safety, health or other fundamental human rights are at risk in the country where they sought refuge, and once the UNHCR believes that someone may be suitable for resettlement, they will put them forward for consideration by us. We have not yet decided in detail how we will deal with that and are consulting other countries that have more experience of resettlement than we do. They include the United States of America, Canada and Australia, which all have much larger resettlement programmes. We will examine potential specific criteria that could be applied in addition by the UK, which may include security screening.

The UNHCR will then sift applications that concern them and pass appropriate cases to us for consideration. Field officers will ensure that each resettlement candidate has a good understanding of what life in the UK will be like and what will happen to them on arrival. The UNHCR oversees all resettlement programmes and assesses global resettlement needs annually. At this stage, we do not want the UNHCR to be responsible for assessing whether individuals meet UK-specific sifting criteria. The final decision on whom to accept from will be for the UK. We are at the early stages of working out how the resettlement programme will come into effect, but I hope that that gives my hon. Friend some idea of how we see it working.

Photo of Dame Cheryl Gillan Dame Cheryl Gillan Opposition Whip (Commons)

I thank the Minister for her assurances on both the secondment and the point raised by NACAB. Far be it from me to make any spending commitments for the official Opposition, but I am extremely pleased that she is taking a grip on the finances of the potential projects. There is no doubt that investing in advance will save both money in the long term and human misery by ensuring that, as she said earlier, people are taken out of the hands of traffickers.

Will she ensure that the Opposition are aware at an early stage of any discussions on the expansion of the projects? We all take a great deal of interest in the matters, irrespective of our political party. I am pleased with what the Minister had to say and hope that she is successful in her negotiations to get suitable investment.

Photo of Gregory Barker Gregory Barker Conservative, Bexhill and Battle

I am particularly pleased to see arrangements that allow the Secretary of State to assist with the settlement of migrants both in the

United Kingdom and elsewhere. Many people who come to the UK are in a winner-takes-all lottery. Either they are allowed to remain in the United Kingdom with the long-term potential to apply for citizenship and all the benefits that that brings, or they face the prospect of being turned out of the country and perhaps sent back to socially or economically unsettled parts of the world.

Despite the fact that we have spent most of our time in Committee discussing arrangements for the people who stay in the United Kingdom, the reality is that, according the latest figures, 78 per cent. of asylum seekers are not given leave to remain. We do a great injustice if we do not focus on the ultimate destination and fate of the vast majority of people who enter this country, which is not to remain here. We need to make far more provision for such asylum seekers, who are the vast majority of the total, to enjoy quality of life, even if they do not remain in the UK. We need to ensure that there are proper counselling facilities in accommodation centres, for example, to prepare people for returning to their country of origin or elsewhere and that proper welfare provision is made for them and their dependants to handle that transition properly, so that we do not just push them through a rough sorting process that allows the lucky ones to stay and turns everyone else out. A more equitable system that looks after the interests of all asylum seekers, whether they remain here or are returned elsewhere, may also prevent the current situation of so many people disappearing from accommodation centres or other places.

Photo of David Lammy David Lammy Labour, Tottenham

It is wonderful to hear a younger occupant of the Conservative Back Benches speak in such inclusive terms about asylum seekers and refugees. When the hon. Gentleman says that he would like greater provision for those asylum seekers, whether they stay here or leave the country, does he see the Government as sole providers of such help or is he thinking in terms of an EU initiative or another wider scheme?

Photo of Gregory Barker Gregory Barker Conservative, Bexhill and Battle

I am sure that any international co-operation, whether through the EU, the Department for International Development or the United Nations, would have a greater chance of being more effective. However, international co-operation must not diminish our national responsibility to ensure that people coming into the country are resettled—we know that 78 per cent. of them will not stay here. Despite all the modifications to the system that we have discussed, no one anticipates that they will lead to a step change in the numbers ultimately able to stay in the country. The numbers included in a resettlement programme are tiny compared with the overall number of people trying to enter the country and a much broader, holistic solution that looks at the welfare and eventual destination of people coming here is to be welcomed. If the clause enhances a Secretary of State's ability to do that, whether through financial payments or provision of care through longer-term assessment of the needs of asylum seekers, that is also to be welcomed.

Question put and agreed to.

Clause 43 ordered to stand part of the Bill.