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Viscount Bridgeman: I am grateful to the Minister for that very comprehensive explanation. Clearly, from these Benches we welcome any extension of the cultural and tourist interface between the two countries. It can only lead to better understanding between the two, especially bearing in mind the emergence of a relatively prosperous middle class in China.

We are pleased that the dual-entry provisions provide flexibility for a group to go to Europe. I would be grateful if the Minister could tell the Committee whether there are any countries in the European Union which have not yet established ADS status. Otherwise we support the measure.

Lord Dholakia: I add my thanks to the Minister for a very detailed explanation of the order. Obviously it is a consequence of the bilateral agreement with the
 
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People's Republic of China. We welcome the support that it will give to our tourist industry. However, I should like to ask the Minister one or two questions.

First, can the Minister confirm that the provision is no different to that which applies to tour groups entering from other countries, or is this a special provision? Secondly, is the multi-entry LTE/R—leave to enter and to remain—now abolished in relation to China?

Lord Bassam of Brighton: In response to the question of the noble Viscount, Lord Bridgeman, I understand that all other EU member states have approved destinations status with China. The UK and Ireland were not party to the European Community's memorandum of understanding with China, on the basis that we do not issue Schengen visas. The signing of this agreement therefore brings the UK into line with the rest of Europe. I think that that probably answers the noble Viscount's question.

The noble Lord, Lord Dholakia, also raised a couple of points. With a little time, we may be able to answer at least one of them, but we may need a slower response time.

Lord Dholakia: To save time, if the noble Lord wants to write me, I should be perfectly happy to accept that.

Lord Bassam of Brighton: I can respond to at least one of the points. The noble Lord wanted to know whether the leave to enter and remain order is now abolished in relation to China. The answer to that is no; this is simply an addition for ADS; the provision for ordinary Chinese visitors remains the same.

On Question, Motion agreed to.

Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005

4.26 p.m.

Lord Bassam of Brighton rose to move that the Grand Committee do report to the House that it has considered the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 [10th Report from the Joint Committee].

The noble Lord said: This will take some time and I will go over it with some care. The Committee will be aware that asylum seekers whose claims have failed, but who for reasons beyond their control are unable to leave the UK, can apply for board and lodging while they remain here. This support is available under Section 4 of the Immigration and Asylum Act 1999.

The regulations that we are considering today will enable Section 4 support to be conditional on the performance of community activities. They also place the eligibility criteria and other conditions for continued support onto a statutory footing.
 
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Our rationale for requiring failed asylum seekers in receipt of Section 4 support to take part in community activities is based on the principle of "something for something". Failed asylum seekers have no permanent basis of stay in the UK. If they are to receive state support while they are here, we need to ask what is the best way for them to give something back in return for that support. We believe that the best way is for them to engage in activities that benefit the community in which they are staying.

The new requirement will help to reassure the public that failed asylum seekers are not receiving something for nothing. By giving them the opportunity to put something back into the community, we believe that the regulations will contribute to reducing community tensions, and increase confidence in the asylum system overall.

Initially, we will set up the community activities scheme in one area of the country. This will give us a chance to test out processes before setting it up elsewhere. YMCA England will arrange and co-ordinate community activities in this first phase. We are in the process of finalising a grant agreement with that organisation. No decision has yet been made on the area, but we will consult closely with the relevant local authority and other local agencies before doing so.

The framework under which local schemes will operate is set out in Regulations 4 and 5. These are the product of very constructive discussions with a range of community and refugee groups, and have been conducted through a proper, formal consultation process. They reflect the practical approach that we are taking to ensure effective delivery of the scheme.

Regulation 4 ensures that the Secretary of State has regard to particular matters before deciding to notify a failed asylum seeker that they are required to perform community activities. In this way, full account will be taken of where a person is unable to perform community activities because of a physical or mental impairment or other medical reason; or where a person has responsibility to care for a dependant. It also takes into account any information that a person gives about their suitability to perform particular tasks or activities.

All individuals will not be required to perform one set activity. We will utilise opportunities that exist in the community and link these to the personal environment of the asylum seeker where possible. The activities are likely to include assisting voluntary and community organisations, cleaning, maintenance, administrative support, interpretation, cooking and assisting environmental projects. We are keen to emphasise how these can benefit the individual as well as the community overall. I think we can all agree that it is better for someone to be occupied purposefully and contributing than to have nothing useful with which to be occupied.

The regulations also put in place an upper limit of 35 hours of activities per week. That is an upper limit. It does not mean all failed asylum seekers will be carrying
 
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out 35 hours worth of activities per week; it is simply there as a safeguard. On average, we envisage people taking part for about 15 to 20 hours per week. The precise weekly period will obviously depend on the nature of the activities. For example, when someone is assisting a voluntary group, it may well be that they are busier in certain weeks when particular projects are being pursued.

Families are not generally in receipt of Section 4 support but, for the avoidance of doubt, the regulations make it clear that persons under 18 cannot be required to perform community activities. Regulation 5 ensures that failed asylum seekers will be notified of any requirement to take part in activities. Specifically, it sets out the information to be included in a notice given to an individual taking part. The regulations also put the eligibility criteria for Section 4 support on to a statutory footing for the first time. Previously, these criteria have only been set out in NASS policy bulletins. The regulations also mean that continued provision of Section 4 support can be made subject to certain conditions.

The eligibility criteria are set out in Regulation 3. An individual must first show that they are destitute. The logic for this is sound: if individuals are able to support themselves, they are not destitute and have no need of support. The individual must initially meet one or more of five eligibility criteria. The five criteria relate to situations that could reasonably account for a failed asylum seeker's continued presence in the UK, such as delays in obtaining travel documents; being medically unfit to travel; when there is no viable route of return to their home country; or when an application for judicial review of the decision on their asylum claim is taking place.

The regulations also cover situations in which providing accommodation is necessary to avoid breaching an individual's rights under the European Convention on Human Rights. Once support has been provided, its continued provision may be made subject to certain conditions aside from taking part in activities. These conditions for continued support are set out in Regulation 6. They include conditions relating to a reporting requirement and residing at an authorised address, to ensure that individuals can be easily kept in touch with. They include a condition to comply with steps to facilitate departure, to ensure that individuals continue to take all possible steps to return home. And they include a condition to comply with specified standards of behaviour. This will allow support to be withdrawn where an individual engages in violent or anti-social behaviour.

Under Regulation 6, the conditions will be set out in writing. Individuals will also have a right of appeal to the asylum support adjudicator if support is withdrawn, as they would if the initial application for support was rejected.

In summary, I believe the requirement for failed asylum seekers to perform community activities, together with the other changes to Section 4, can be an important aspect of our commitment to social cohesion and can benefit the individual as well as the
 
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community. I am also satisfied that the regulations are compatible with the European Convention on Human Rights and I commend them to the House.

Moved, That the Grand Committee do report to the House that it has considered the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 [10th Report from the Joint Committee].—(Lord Bassam of Brighton.)

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