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Lord Filkin moved Amendment No. 126:
- After Clause 29, insert the following new clause—
On Question, amendment agreed to.
[Amendments Nos. 127 to 131 not moved.]
Lord Filkin moved Amendment No. 132:
On Question, amendment agreed to.
[Amendments Nos. 133 and 134 not moved.]
Clause 33 ["Prescribed": orders and regulations]:
Lord Filkin moved Amendments Nos. 134A and 135:
Page 18, line 31, at end insert—
On Question, amendments agreed to.
[Amendments Nos. 136 and 137 not moved.]
Clause 33, as amended, agreed to.
Baroness Anelay of St Johns moved Amendment No. 138:
The noble Baroness said: The purpose of the amendment is to create an independent documentation centre, which would conduct country risk assessments with the speed and confidence necessary to allow a junior official to decide that a claim was wholly unfounded, and to do so with the conviction required to withstand judicial review.
To make the process set out by the Bill work, we must have a system of country risk assessments that carries weight and which will stand the full test of judicial challenge. We can do that by having a documentation centre that is independent of the Home Office responsible for producing country risk assessments, as the Refugee Council proposes. It would carry credibility because it would not be influenced by a desire to achieve a particular result in appeals.
When I raised this matter on Second Reading I was both encouraged and intrigued by the response of the noble Lord, Lord Filkin, on what he acknowledged was an important matter. He stated:
As we have been assured by the Minister that work on the advisory committee will commence as soon as possible, several questions arise. When will that work commence, or is it already taking place? If it has not started, will it do so before we reach Report stage in the autumn? Shall we be given details of the Government's plans by then so that they can form part of an amendment which I may table for discussion on Report? As, according to the Minister, the committee would have to be prepared to have consultations with the two main opposition parties on the committee's make-up, what procedures are the Government putting in place to achieve that? I look forward to hearing the Minister's plans and perhaps discussing the matter with the Government over the summer. Finally, when do the Government expect the advisory committee to be operational?
The Minister will recall that when the subject matter of my amendment was discussed in another place on 11th June my right honourable friend Mr Letwin welcomed the Home Secretary's idea of an advisory committee but made it clear that we do not believe that it goes far enough. That is reported at col. 804 of Commons Hansard. We do not accept that the present system of country risk assessment is merely in need of oversight by an advisory committee. The oversight is welcome, but the present system of assessment is woefully and intrinsically deficient.
The important issue is that if the Government want Clause 82(2) and subsections (1) and (3) of Clause 101 to have any chance of sustaining themselves under judicial review they will need to move to a genuinely independent country risk assessment at the very least.
If the Government are not able to provide assurances that their plans for an advisory committee will achieve the same objectives as my amendment and that they will set up the advisory committee swiftly with the assistance of the views expressed by Members
"ADVISORY GROUPS
(1) The Secretary of State shall appoint a group (to be known as an Accommodation Centre Advisory Group) for each accommodation centre.
(2) The Secretary of State may by regulations—
(a) confer functions on Advisory Groups;
(b) make provision about the constitution and proceedings of Advisory Groups.
(3) Regulations under subsection (2)(a) must, in particular, provide for members of an accommodation centre's Advisory Group—
(a) to visit the centre;
(b) to hear complaints made by residents of the centre;
(c) to report to the Secretary of State.
(4) The manager of an accommodation centre must permit a member of the centre's Advisory Group on request—
(a) to visit the centre at any time;
(b) to visit any resident of the centre at any time, provided that the resident consents.
(5) A member of an Advisory Group shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, resignation or dismissal).
(6) The Secretary of State may—
(a) defray expenses of members of an Advisory Group;
(b) make facilities available to members of an Advisory Group."
Before Clause 30, insert the following new clause—
"THE MONITOR OF ACCOMMODATION CENTRES
(1) The Secretary of State shall appoint a person as Monitor of Accommodation Centres.
(2) The Monitor shall monitor the operation of this Part of this Act and shall, in particular, consider—
(a) the quality and effectiveness of accommodation and other facilities provided in accommodation centres,
(b) the nature and enforcement of conditions of residence, and
(c) the treatment of residents.
(3) In exercising his functions the Monitor shall consult—
(a) the Secretary of State, and
(b) such other persons as he considers appropriate.
(4) The Monitor shall report to the Secretary of State about the matters considered by the Monitor in the course of the exercise of his functions—
(a) at least once in each calendar year, and
(b) on such occasions as the Secretary of State may request.
(5) Where the Secretary of State receives a report under subsection (4)(a) he shall lay a copy before Parliament as soon as is reasonably practicable.
(6) The Monitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, resignation or dismissal).
(7) The Secretary of State may—
(a) pay fees and allowances to the Monitor;
(b) defray expenses of the Monitor;
(c) make staff and other facilities available to the Monitor.
(8) The Secretary of State may appoint more than one person to act jointly as Monitor (in which case they shall divide or share functions in accordance with the terms of their appointment and, subject to that, by agreement between them).
(9) A person who is employed within a government department may not be appointed as Monitor of Accommodation Centres."
Page 18, line 27, at end insert—
"( ) section (Length of stay: family with children),"
"( ) section (Advisory Groups),"
Before Clause 37, insert the following new clause—
"INDEPENDENT DOCUMENTATION CENTRE
(1) The Secretary of State shall establish by order a documentation centre to provide country of origin information for use in the determination of asylum applications.
(2) The order providing for the establishment of the documentation centre shall provide that responsibility for the functioning of the documentation centre will rest with a person or persons who is or are independent of the Secretary of State.
(3) The Secretary of State may provide financial support to an organisation in the United Kingdom to enable that organisation to assist in the functioning of the documentation centre.
(4) The Secretary of State shall not make an order under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament."
"We have agreed to set up an advisory committee. On Report the Home Secretary said that such a committee would have to be open and transparent and prepared to have consultations with the Government and the two main Opposition parties as to its make-up. That work will commence as soon as possible. That is a clear commitment".—[Official Report, 24/6/02; col. 1174.]
I am encouraged because the Minister stated that the Government have given a clear commitment in this regard. However, I am also intrigued because he stated that the Government have agreed to set up an advisory
committee and that the work will commence "as soon as possible". That was not the impression conveyed by the Home Secretary in another place on Report on 11th June at col. 798 of Hansard, when he acknowledged the concerns that have been expressed about whether the assessment of countries is sufficiently clear or rapid. He rebutted the suggestion that the assessment of countries is not sufficiently clear or rapid. He also said that, if it were not, then,
"we need an advisory committee to assist us. Such a committee would have to be open and transparent and prepared to have consultations with the Government and the two main Opposition parties on its make-up. It would have to help us with the process without removing the existing formulations, which draw down all the known available evidence".—[Official Report, Commons, 11/6/02; cols. 798-799.]
That makes it appear that the Home Secretary is saying that there is nothing wrong with the system but, if there were, we might do something about it. That is rather different from the statement made by the noble Lord, Lord Filkin, at Second Reading. Therefore, with great encouragement from what the noble Lord, Lord Filkin, said, I can only assume that the Home Secretary now accepts that the assessment of countries is not currently sufficiently clear or rapid after all.
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