Petitions
Tuesday 23 February 2010
OBSERVATIONS
Home Department
Bristol Refugee Rights
The Petition of supporters of Bristol Refugee Rights and others,
Declares that Britain has an international obligation to provide sanctuary to people fleeing conflict or persecution; declares that three quarters of those seeking safety here are refused protection, but that many cannot go back to their home country; further declares that people in this situation are not allowed to work or claim benefits, and frequently become destitute rather than go back to countries where they would be in real danger; further declares that the Petitioners believe that such people deserve to be treated fairly, humanely and with dignity.
The Petitioners therefore request that the House of Commons calls on the Government to grant temporary protection to people who cannot return to their countries of origin; to end the threat and use of destitution as a tool of Government policy against refused asylum seekers; and to allow asylum seekers, including those whose application has been refused, the right to work if they have not been given a decision and/or they cannot leave the UK after six months.
And the Petitioners remain, etc. -[Presented by Stephen Williams , Official Report, 16 December 2009; Vol. 502, c. 1071.]
Observations from the Secretary of State for the Home Department, received on Monday 22 February 2010:
The United Kingdom has a long and proud tradition of providing protection to those who need it and considers all protection claims carefully, on their individual merits, and in accordance with our legal obligations. All asylum claims are considered on their individual merits in accordance with the 1951 United Nations Convention Relating to the Status of Refugees and the European Convention on Human Rights, against the background of the latest accurate, objective, sourced and up-to-date information on asylum seekers' countries of origin produced by the UK Border Agency Country of Origin Information Service.
Asylum and human rights applicants that are found to be in need of protection are granted it. Those found not to be in need of protection have a right of appeal to the independent appellate authorities. In this way we ensure that we provide protection to those asylum seekers who need it. Where a decision has been made that a person does not require international protection, and there are no remaining rights of appeal or obstacles to their return, unsuccessful asylum seekers are expected to return voluntarily to their country of origin. Return and reintegration assistance is available through the International Organization for Migration.
The Government do not have a policy of destitution. The asylum support policy is properly balanced. No person who has sought protection need be destitute whilst they have a valid reason to be here. Asylum seekers who need support to avoid destitution are given it from the time they arrive in the UK until their claim is fully determined (appeal rights exhausted). Support takes the form of accommodation or subsistence or both.
When an asylum seeker has been found not to need protection it is the Government's policy to discontinue providing support. It is not considered right to ask the UK taxpayer to continue to fund those who choose to remain here when they have no grounds to stay and it is open to them to return to a home country that has been found safe for them to live in, nor is it considered right to allow individuals to take employment under such circumstances.
For this reason, the Government believe that support for failed asylum seekers should be restricted to those in narrow categories of increased vulnerability. These categories are families with dependent children under the age of 18 years who continue receiving support until they leave the UK; children and vulnerable adults qualifying for local authority care provision; and people who are temporarily prevented from leaving the UK through no fault of their own who are provided with accommodation and subsistence support if they would otherwise be destitute.
While the Government welcome the enormous contribution that the skills and knowledge of refugees make to our society and economy, it is important to maintain the distinction between economic migration and asylum. A change to the policy on employment would create a disincentive to departure for unsuccessful asylum seekers and act as a draw for those who want to come to the UK for economic reasons, compromising the integrity of the asylum system and slowing down the asylum application process for others. This is why asylum seekers are generally not allowed to work while their claim for asylum is under consideration, the only exception being asylum seekers who have been waiting 12 months for a decision where this delay cannot be attributed to them. Allowing asylum seekers to work in these circumstances is in accordance with the EC Directive on the reception of asylum seekers.
Our focus is therefore rightly on those the UK accepts are in need of international protection, and every effort is made to help refugees integrate into society. A crucial part of that integration is the recognition of the skills, knowledge and diversity that refugees bring to British life. The UK Border Agency document of March 2009 'Moving on Together: Government's Recommitment to Supporting Refugees' sets out the national strategy for the integration of refugees. This includes provision of critical support immediately after grant of refugee status-and in particular, identifying the skills of refugees at the earliest opportunity and providing the right support for getting a job.
The Government have introduced proposals for reform of asylum support under the draft Immigration Bill which was published on 12 November 2009 and public consultation on this matter is currently underway.
Transport
Pedestrian Crossings
The Petition of residents of Hove and Portslade and others,
Declares that the petitioners have serious concerns about the safety of pedestrians using the crossroads at the junction between Old Shoreham Road, Neville Road and Sackville Road; further declares that the Petitioners are concerned that there are no pedestrian crossings on the north or southbound carriageways at the junctions on Neville and Sackville roads, and believe that there is an urgent need for a safe and effective pedestrian crossing at this site.
The Petitioners therefore request that the House of Commons urge Ministers in the Department for Transport to take steps to ensure that a crossing is placed at this juncture to ensure the safety of pedestrians at this crossing.
And the Petitioners remain, etc. -[Presented by Ms Celia Barlow , Official Report, 9 February 2010; Vol. 505, c. 884.]
Observations from the Secretary of State for Transport:
Old Shoreham Road is a local road for which West Sussex county council has responsibility. The provision of pedestrian facilities on this and adjoining roads is for them to consider.
The Road Traffic Regulation Act 1984 confers on local highway authorities the power to establish crossings for pedestrians on roads in their area. The signing, road markings, etc that form these crossings are prescribed in the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997.
The Department for Transport has produced guidance to highway authorities regarding the assessment method to be used when considering the provision and type of pedestrian crossings. This is contained in Local Transport Note 1/95, "The Assessment of Pedestrian Crossings". The note recommends a framework method to encourage informed decisions as to whether a crossing in necessary and, if so, which type should be used. There is guidance on assessing such factors as difficulty of crossing, local representations and cost (including maintenance).
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