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"local authority"—
(a) in relation to England and Wales, has the same meaning as in section 105(3),
(b) in relation to Scotland, has the same meaning as in section 105(4), and
(c) in relation to Northern Ireland, means a health service body within the meaning of section 109(4)(c),
"the Refugee Convention" means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
"removal directions" means directions under Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom).'.
Amendment (a) to the proposed schedule, in paragraph 4(1)(a), after "abroad", insert—
'and is not otherwise seeking to claim support under a provision of European Union law, the European Convention on Human Rights, or any other international obligation and is not seeking to transfer his refugee status to the United Kingdom'.
Amendment (b) to the proposed schedule, in paragraph 4(1)(b), at end insert—
'and is not otherwise seeking to claim support under a provision of European Union law, the European Convention on Human Rights, or any other international obligation and is not seeking to transfer his refugee status to the United Kingdom'.
Amendment (c) to the proposed schedule, in paragraph 5(a), after "Treaties", insert—
'and is not otherwise seeking to claim support under a provision of European Union law, the European Convention on Human Rights, or any other international obligation'.
Amendment (d) to the proposed schedule, in paragraph 5(b), at end insert—
'and is not otherwise seeking to claim support under a provision of European Union law, the European Convention on Human Rights, or any other international obligation'.
Amendment (e) to the proposed schedule, in paragraph 6(a), leave out "and".
Amendment (f) to the proposed schedule, in paragraph 6(b), at end insert—
'and—
(c) he does not allege that his rights under the European Convention on Human Rights would be breached if he were removed and there are no outstanding appeals or judicial review proceedings in connection with that claim or his asylum application'.
Amendment (g) to the proposed schedule, in paragraph 7(b), at end insert—
', or—
(c) he has no other outstanding application for leave to enter or remain either before the Secretary of State or appeal before a Court, Adjudicator or the Tribunal'.
Amendment (h) to the proposed schedule, in paragraph 9, leave out sub-paragraph (2).
Amendment (i) to the proposed schedule, in paragraph 10, leave out sub-paragraph (2).
Amendment (j) to the proposed schedule, leave out paragraph 12.
Amendment (k) to the proposed schedule, in paragraph 13, leave out sub-paragraph (2).
Amendment No. 49, in clause 37, page 19, line 7, leave out paragraph (a).
Amendment No. 84, in page 19, line 18, leave out from "shall" to "House" in line 19 and insert—
'not be made unless a draft has been laid before and approved by resolution of each'.
Government amendments Nos. 217, 216 and 254.
Amendment No. 50, in clause 38, page 20, line 13, leave out "and" and insert "or".
Amendment No. 51, in page 20, line 14, at end insert—
'or both.'.
Amendment No. 52, in page 20, line 17, leave out "and" and insert "or".
Amendment No. 53, in page 20, line 18, at end insert—
'or both.'.
Amendment No. 261, in clause 39, page 23, line 4, leave out subsections (3), (4), (5) and (6).
Amendment No. 54, in clause 43, page 24, line 35, leave out "may" and insert "must".
Amendment No. 55, in page 24, line 35, at end insert—
'(aa) give priority to meeting the person's particular needs'.
Amendment No. 56, in page 24, line 38, leave out paragraph (b).
Amendment No. 143, in clause 45, page 26, line 3, after "appellant", insert "and any witnesses".
Amendment No. 144, in page 26, line 4, after "appeal", insert "or seeking legal advice".
Amendment No. 57, in page 26, line 4, at end add—
'103C Advice and assistance
(1) The Secretary of State may make a grant to a voluntary organisation which provides—
(i) advice or assistance to persons who have a right of appeal under this Part;
(ii) other services for the welfare of those persons.
(2) A grant under this section may be subject to terms or conditions (which may include conditions as to repayment).'.
Amendment No. 194, in clause 133, page 74, line 26, leave out paragraph (f).
Beverley Hughes: Many Members will be aware of the situation faced by many of our local authorities, which are increasingly being presented with individuals and families claiming support who are at various stages of the immigration and asylum process and have a different status. I recognise that this issue may present some hon. Members with an acute challenge. None of us faced with such people in our constituencies likes to say no. Most MPs want to help other people, wherever they come from, and it rightly does not come easy to us to contemplate withdrawing support or sending people out of the country. However, we must recognise our responsibilities to other constituents and to people who are legitimately settled in this country. The provisions in the new clause deal with some sharp questions.
Should local authority funds appropriately be used to support people who have established refugee status elsewhere, and should they continue to support those whose claim in this country has failed? Should that support continue in the face of decisions by those people not to leave even when the means of leaving is provided to them? We have concluded that the answer to those questions is no. In balancing the interests of people claiming support with those of local taxpayers, local people settled here and local authorities, the balance ought to lie with the latter. Perverse incentives in the current arrangements enable people to claim one source of public support from local authorities when their status excludes them from other such sources. We believe that we must grasp that nettle.
I know that hon. Members will want to raise issues on this new clause, but I should be grateful if they would allow me to set out the ground a little. I am introducing this amendment to assist local authorities by providing
legal clarity when dealing with applications for support from certain categories of new arrivals in the United Kingdom.At the moment, different local authorities adopt different approaches to claims for support from European Union and European Economic Area nationals and from refugees from EU and EEA states. Local authorities are being approached for social services support, usually under the National Assistance Act 1948, or in the case of people with children, under the Children Act 1989, as individuals try to claim and fail what is known as the habitual residence test. Many hon. Members will be aware that the habitual residence test is applied to those seeking access to income-related benefits such as jobseeker's allowance and income support. It seeks to ensure that those eligible for benefits have sufficiently close ties to the United Kingdom. It was introduced to restrict benefits for people with little or no connection with the UK, and no commitment to settling here. The underlying principle is that UK taxpayers should not subsidise people with very tenuous links to the UK.
An increasing number of people are now arriving in the UK and seeking assistance from social services. The extra demand is placing great pressure on local authorities' social services budgets, and creating significant problems for them. We do not know the precise numbers with which we are faced, which is an indication of the problems experienced by some of the statutory authorities that are trying to cope with what has been a significant influx in some areas.
We have received reports from local authorities and, indeed, from some of our Government offices. The evidence suggests that in Leicester alone between 2,000 and 10,000 people of Somali origin—probably a number in excess of the smaller figure—have migrated over the past 18 months or so. Although the problem is highlighted by the arrival of Dutch nationals of Somali origin, there are reports of growing communities from other areas such as Portugal and Montserrat.
Currently, when local authorities decide whether support in the form of accommodation or otherwise will be provided, they do not take account of the applicant's immigration status. That means that not just those with citizenship or refugee status in another EU or EEA state, but people who are unlawfully present in the UK, can receive support. Our proposals are intended to ease the pressure on local authorities, to clarify their legal position and to create a level playing field between one authority and another, while also giving individuals and their families the means to return to their home country or the country in which they acquired refugee status.
Two recent court cases have helped us. A very recent case, that of G v. Barnet in 2001, involved a Dutch national of Somali origin who asked for local authority accommodation for her and her child. Given the circumstances, the local authority offered her a voluntary place of care for her child, and the means for both to return home to Holland where support was available. The Court of Appeal decided that that was a reasonable offer, and that the authority was not obliged to house the family if they rejected the offer—although it would be obliged to house the child, and indeed was willing to do so. This year the cases of Ali and Mohammed v. Birmingham involved similar circumstances, and again the court found that the authority's approach was lawful.
As for those with citizenship or refugee status in another EU or EEA state, under the new proposals short-term accommodation may be provided for families with children, as well as a one-way journey to their home country. If the family do not take up the offer of travel, or fail to travel, all support will be withdrawn apart from an offer of support for the children under section 20 of the Children Act. For asylum seekers whose claim has not succeeded, who can go but who fail to comply with removal directions, all support will end. Local authorities will be able to offer support only to children, again under section 20 of the Children Act.
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