49. We draw the following matters to the attention
of each House on human rights grounds.
There is a risk that leaving a person
destitute would inevitably threaten a violation of rights under
Articles 3 and/or 8 of the ECHR (paragraph 8 above).
There is a risk that the power to
support children without related adults might lead to the separation
of members of a family, giving rise to a risk of a violation of
Article 8 (paragraph 8).
There is a danger that clause 54,
inserted in the Bill on re-commitment, would authorise a violation
of the right to adequate housing, food and clothing under Article
11(1) of the ICESC (paragraphs 10-15).
There are weaknesses of safeguards
for human rights in clause 54, in view of:
(i) the burden being placed on the
claimant to satisfy the Secretary of State that a claimant has
claimed asylum as soon as reasonably practicable;
(ii) the lack of objectivity in the requirement
that a person must claim asylum as soon as reasonably practicable
in order to be entitled to support;
(iii) the lack of any appeal to an adjudicator
against a decision denying support; and
(iv) the absence of any power to provide support
pending an application for judicial review of the decision to
deny support (paragraphs 16-19).
There are doubts as to the effect
of clause 56, authorising the making of regulations to allow support
to be withheld if the Secretary of State is not satisfied that
the claimant has given a full and accurate account of various
matters and is co-operating with the Secretary of State's further
enquiries (paragraphs 23-25).
There are weaknesses in safeguards
for human rights in clause 56 and a risk of a violation of Article
6(1) of the ECHR through a potential threat to the privilege against
self-incrimination (paragraphs 27-29).
We are concerned that the presumption
that certain states are generally safe could lead to people being
subjected to threats to their human rights if removed to those
countries, and that the power to specify new 'safe' states carries
the same risks and is subject to insufficient safeguards (paragraph
We are concerned at the over-breadth
of the proposed new clause, to be re-introduced on Third Reading,
to allow conditions to be attached to people who are admitted
to the United Kingdom pending a decision as to whether to give
directions for their removal, or the implementation of such directions
We recommend that these provisions should be amended
in the ways suggested in this report, in order to provide protection
against the risks identified above.