House of Commons Hansard Debates for 22 Feb 1999 (pt 13)

Mr. Straw: The evidence is in the figures, which show that, although the cost per head of benefits in kind is slightly higher than that of cash benefits, the take up of cash benefits is very much greater. There is also considerable evidence to suggest that cash benefits act as a "pull factor" in the case of economic migrants from eastern European countries who have no basis whatever for asylum claims. We shall be able to go into that in the Special Standing Committee.

Mr. Nigel Waterson (Eastbourne): What interim proposals has the Home Secretary to deal with the present unacceptable situation in which certain London boroughs are, in effect, making commercial arrangements to dump asylum seekers in places such as Eastbourne, but are unwilling to observe best practice by liaising with my local council to establish the numbers involved, their needs and the back-up required from social services departments and other agencies?

Mr. Straw: We have provided liaison arrangements, which I helped to broker, between London and other authorities through the Local Government Association, to ensure a relatively smooth transition. If those arrangements are not working, I greatly regret that, and--if the hon. Gentleman writes to me--I will do what I can to bring about better liaison between his local authority and the London boroughs concerned.

Mr. Jeremy Corbyn (Islington, North): Is my right hon. Friend aware that many of us are very disturbed about part VI? We feel that the Tory removal of benefits for asylum seekers three years ago was an act of spite and vengeance against refugees, and look to the present Government to restore those benefits. Cash is the cheapest, most efficient and most humane way of delivering benefits. Giving benefits in kind causes asylum seekers a great deal of humiliation; it is inefficient, expensive and, in many cases, completely ineffective, because the families involved will have no cash to pay for any small things that they may need. The system also adds to their sense of difference from the rest of the community. Will not my right hon. Friend look at what was done in 1996, and reverse it?

Mr. Straw: It is precisely because we looked at what happened in 1996 that we introduced these arrangements. In 1996, the then Government proposed to end any right to any support for anyone who applied for asylum in-country. Because that meant that people would be destitute on the streets, the courts intervened and interpreted the National Assistance Act 1948 as requiring not the Government, but local authorities, to have a duty to provide support in kind in the interim.

That is wholly unsatisfactory. We have decided, for what I believe to be good reasons, to take away asylum seekers' right to cash benefits, and to take them out of

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the social security system generally. These are not British residents, although they can become British residents if their case for asylum is accepted; these are people who are seeking asylum in this country. I consider it perfectly reasonable for anyone who has a well-founded case for fleeing state persecution in another country to accept that he or she will be given accommodation and support in kind here, on a temporary basis.

We have sought to secure a proper balance between ensuring that individual asylum seekers are not left destitute, and cutting off the economic incentive for people to come to this country not because they have any serious claim for asylum, but because of the availability of cash benefits. I recognise the anxiety that that causes a number of hon. Members on both sides of the House. I hope that we shall be able to allay those anxieties through further discussions, particularly in the Special Standing Committee, but, having gone into the matter in huge detail, I believe that the principle that we have established is the best possible.

Ms Abbott: Will my right hon. Friend give way?

Mr. Straw: I will allow one more intervention, but then I must proceed with my speech.

Ms Abbott: My right hon. Friend will know of the great concern about the support arrangements in this part of the Bill. One of the many problems is that small groups of asylum seekers far from London and from other minority communities could well turn out to be sitting targets for racist attacks. Has my right hon. Friend sought the comments of the United Nations High Commissioner for Refugees? It is not clear to me that, in principle, the support arrangements meet our international obligations.

Mr. Straw: We certainly discussed the proposals with UNHCR. I cannot say whether it has endorsed them. If it has not endorsed them, that is not a reason against them. It is entitled to take a different view from us. We have come to a settled view. I certainly judged that, with all the problems that have been caused in several other European countries, it was not appropriate to set up hostels, but it is appropriate to go down the path that is set out in the Bill. We also intend that, by 2001, the initial decision should be made within two months, and that the appeal should be four months thereafter. That is a big difference from the current position.

Mr. Coleman: Will my right hon. Friend give way?

Mr. Straw: If I may, I must get on.

We propose to arrange with local authorities, housing associations, private sector landlords and the voluntary sector for the provision of subsistence and accommodation for asylum seekers. That will be on a normal contractual basis, but the Bill includes a reserve power to direct local authorities to co-operate by providing specified accommodation within a designated reception zone.

That power would be used as a last resort. We intend that local authorities should be properly reimbursed for any accommodation so provided. We are discussing the

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detail of such safeguards with the local authority associations and will introduce amendments for that purpose during the passage of the Bill.

When the new asylum support system comes into force, there will be asylum seekers in receipt of income support and housing benefit, or who are supported by local authority social service departments. We will consider in further detail when and how those people can be transferred to the new support arrangements, but I need to make it clear that asylum seekers who have already arrived in this country before the new support arrangements take effect cannot expect their income support and housing benefit cash payments to continue for the duration of the asylum application. Once the new support arrangements come into force, eligibility for cash payments will end. We shall give further consideration to the timing of the transfer to the new support system, but no asylum seeker can have an expectation that, by arriving in this country before the new support arrangements take effect, they will have indefinite access to the social security system.

Part VII of what is a large Bill concerns immigration officers' power to arrest and to search. Effective enforcement is an essential part of fair and firm immigration control. Under current legislation, immigration officers too often have to rely on a police presence to perform basic, low-key enforcement tasks. Therefore, the part extends immigration officers' existing powers of arrest and, in respect of immigration offences, provides them with powers of search, entry and seizure that are equivalent to those that the police already have.

With clause 15 in part I, part IX provides marriage registrars with new powers to tackle abuse of marriage for immigration purposes. We have to take firm action to tackle that growing problem. Clause 15 imposes a new statutory duty on marriage registrars throughout the United Kingdom to report suspected sham marriages for immigration purposes to the Home Office. That builds on existing informal arrangements, but if that new duty is to be effective, registrars need greater powers to establish the identity of the parties to the marriage. Therefore, part IX provides powers to request evidence of name, age, marital status and nationality.

In addition, couples will usually have to give 15 days' notice of their marriage and will have to attend personally to give such notice. If the registrar is not satisfied that the parties are legally free to marry, he may refuse to proceed. There will be a right of appeal to the registrar general.

The changes in marriage law in Part IX are aimed at the abuse of civil marriage for immigration purposes. They will not in any way affect those who marry in the Church of England or Church in Wales after banns. They will affect civil preliminaries for other religious marriages, but are unlikely to cause any difficulties in practice for genuine couples.

By any standards, the Bill represents a comprehensive reform of immigration and asylum law. We are continuing to consider the need for additional changes and will introduce amendments as necessary during the Bill's passage. I should inform the House that, in particular, we intend to table amendments to extend fingerprinting--currently applied to asylum seekers--to additional categories of persons, including inadequately documented passengers and all illegal entrants; and to clarify existing powers to charge for additional immigration services at